MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 12
APRIL 15, 1972
Minutes of the Meeting of the Board of Regents
of Stephen Fo Austin State University
held in Nacogdoches, Texas
April 15, 1972
VOLUME NO. 12
Page
72-55 Approval of Minutes 12-2
72-56 Election of Board Officers 12-2
72-57 Committee Appointments 12-2
72-58 Election of Summer School Faculty 12-2
72-59 Election of Faculty and Staff 12-2
72-60 Acceptance of Resignations 12-3
72-61 Approval of Changes in Status 12-6
72-62 Approval of Leaves of Absence 12-7
72-63 Approval of Returns from Leave 12-7
72-64 Removal of Name from Faculty and Staff List 12-«
72-65 Approval of Faculty Promotions 12-8
72-66 Acceptance of Retirement 12-13
72-67 Approval of Faculty and Staff Appointments 12-13
72-68 Approval of Mid-Year Budget Adjustments 12-13
72-69 Approval of Contract with Taylor Brothers for Repainting
Dorms 10 and 15 12-15
72-70 Approval of Contracts with Honeywell, Inc., and Engineered
Air Balance Company for Overhauling Air Conditioning
Controls of Dormitory 14 12-28
72-71 Approval of Change Order #1 - Renovation of Swimming Pool 12^54
72-72 Approval to Add Five Street Lights on East College Street
between LaNana Creek Bridge and University Drive 12-34
72-73 Approval of Contract with Brenham Roofing and Metal Company
to Re-Roof Austin Building 12-34
72-74 Approval of Contract with Exum Company to Refurbish Exterior
of Fine Arts Building 12-40
72-75 Approval of Contract with Pigg Construction Company to con
struct Art Department Lab Building 12-46
72-76 Approval of Change Orders #1, 2, and 3 (New Stadium) 12-62
72-77 Approval of Change Order #1 (Library) 12-62
72-78 Approval of Sale of Ad Valorem Tax Bonds 12-62
72-79 Approval of Resolution Ordering Redemption of Outstanding 12-77
Ad Valorem Tax Bonds
72-80 Approval of Curriculum Changes 12-81
72-81 Approval for Permission to Petition Coordinating Board 12-82
for New Degrees
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
April 15, 1972
The meeting was called to order by R. E. McGee, Chairman of
The Board of Regents, at 10:00 a.m., April 15, 1972.
PRESENT:
PRESENT:
Members: Mr. R. E. McGee of Houston
Mre Robert C. Gray of Austin
Mr. Joe Bob Golden of Jasper
Mr. Walter Todd of Dallas
Mr. Douglas Bergman of Dallas
Mrs. Lera Thomas of Houston
Mr. James I. Perkins of Rusk
Mr. Roy Maness of Beaumont
Mr. Sam Tanner of Beaumont
Mr. C. G. Haas of Nacogdoches, Secretary
Dr, R. W. Steen, President of the University
72-55
Upon motion of Regent Maness, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the minutes of January
29, 1972, and the called meeting of March 7, 1972, be approved.
72-56
Upon motion of Regent Todd, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the Board re-elect the
following officers for the year 1972-73:
R. E. McGee, Chairman
Joe Bob Golden, Vice-Chairman
C. G. Haas, Secretary
72-57
Upon motion of Regent Gray, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the existing committees
continue, including the membership, except the following committees
which will be dissolved because they have completed their responsibilities;
Committee on Committees
Curfew Committee
Special Committee (for naming buildings)
72-58
Upon motion of Regent Todd, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the 1972 Summer School
Faculty Budget as submitted under separate cover be approved.
72-59
Upon motion of Regent Golden, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the following individuals
be employed for the positions, dates and salaries indicated:
1. Department of Accounting
Mrs. Evelyn Christine Clay, 35, M.B.A. (North Texas State
University), Instructor of Accounting at a salary rate of
$8,500 for nine months, effective Fall Semester, 1972.
2. Department of English
Mrs. Ruth Ann Wilson, 24, M.A. (Stephen F. Austin State
University, expected August, 1972), Graduate Interne in English
at a salary rate of $5,400 for nine months, effective Fall
Semester, 1972. This is a non-renewable temporary nine-months
appointment.
3. Department of General Business
Mr. Gordon 0. Dodson, Jr., 30, M.B.A. (North Texas State
University; Ph.D. expected by July, 1972, from University of
Arkansas), Assistant Professor in General Business at a salary
rate of $13,500 for nine months; without Ph.D. rank will be
Assistant Professor and salary rate will be $11,500 for nine
months, effective Fall Semester, 1972.
12-2
Mr. John Harry Lewis, 27, M.B.A. (Texas A£M University),
Assistant Professor in General Business at a salary rate of
$10,500 for nine months, effective January, 1973.
Mr. Conway T. Rucks, 28, M.B.A. (University of Arkansas),
Assistant Professor in General Business at a salary rate of
$11,500 for nine months, effective Fall Semester, 1972.
4. Department of Geology
Mr. Boyd Varnell Dreyer, 31, M.S. (Baylor University), Instructor
in Geology at a salary rate of $8,000 for nine months, effective
Fall Semester, 1972.
5. Department of Health and Physical Education (Women)
Mrs. Marie A. Hunter, 40, M.Ed. (Stephen F. Austin State
University), Instructor in Health and Physical Education (Women)
at a salary rate of $7,500 for nine months, effective Fall
Semester, 1972.
6. Department of Home Economics
Mrs. Jareldine Mays, 24, M.S. (Kansas State University),
Instructor in Home Economics at a salary rate of $7,500 for
nine months, effective Fall Semester, 1972.
Dr. Margaret E. Rucker, 59, Ph.D. (Texas Woman's University),
Assistant Professor of Home Economics at a salary rate of $13,000
for nine months, effective Fall Semester, 1972.
7. Department of Management
Dr. Robert McGlashan, Jr., 37, Ph.D. (University of Texas),
Associate Professor of Management at a salary rate of $14,000
for nine months, effective Fall Semester, 1972.
8. Student Life Division
Mr. Paul John Novak, 21, Patrolman, Traffic and Security, at
a salary rate of $6,000 for twelve months, effective March 1,
1972.
72-60
Upon motion of Regent Tanner, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the following resignations
be accepted:
1. Department of Accounting
Mr. John W. Coo ley, Instructor of Accounting and Computer Science,
effective May 31, 1972. Mr. Cooley resigned to enter a full-time
Ph.D. program.
12-3
2. Department of Biology
Dr. McHenry L. Stiff, III, Visiting Professor of Biology,
effective May 31, 1972. Dr. Stiff completed his temporary
appointment.
3. Department of Economics
Mr. Frank James Straub, Instructor of Economics, effective
May 31, 1972. Mr. Straub plans to return to graduate school.
4. Department of English
Mr. John Page Coates, Instructor of English, effective May 31,
1972. Mr. Coates resigned to enter a full-time doctoral program.
Mrs. Carolyn Stokes Foster, Instructor of English, effective
May 31, 1972. Mrs. Foster completed her temporary appointment.
Mrs. Melissa McRee Freeman, Graduate Interne in English,
effective May 31, 1972. Mrs. Freeman was appointed on a tem
porary, non-renewable contract.
Miss Caro Janet Gerber, Instructor of English, effective May 31,
1972. Miss Gerber completed her temporary appointment.
Miss Dixie Deanna Lum, Graduate Interne in English, effective May
31, 1972. Miss Lum was appointed on a temporary, non-renewable
contract.
Mr. Warren Roberts True, Graduate Interne in English, effective
May 31, 1972. Mr. True was appointed on a temporary, non-re
newable contract.
5. Department of General Business
Mr. Thomas D. Rorie, Assistant Professor of General Business,
effective May 31, 1972. Mr. Rorie is opening his own law
practice.
6. Department of Geography
Dr. Dean Hodson, Assistant Professor of Geography, effective
May 31, 1972. Dr. Hodson completed his temporary appointment.
7. Department of History
Dr. Eleanor Z. Baker, Assistant Professor of History, effective
July 15, 1972. Mrs. Baker resigned to accept an appointment in
Africa.
12-4
8. Department of Home Economics
Mrs. Bernice Smith, Instructor of Home Economics, effective
May 31, 1972. Mrs. Smith resigned for personal reasons.
9. Department of Management
Mrs. Belva Jones Cooley, Instructor in Management, effective
May 31, 1972. Mrs. Cooley resigned to enter a full-time doctoral
program.
Miss Carolyn Gay Knox, Instructor in Management, effective May
31, 1972. Miss Knox completed her terminal year of employment.
10. Department of Mathematics
Mr. Stanley Howard Henderson, Instructor of Mathematics, effective
May 31, 1972. Mr. Henderson completed his terminal year of
employment.
Mr. Ronald E. Mayeaux, Instructor of Mathematics, effective May
31, 1972. Mr. Mayeaux completed his temporary appointment.
Mr. John Louis Toups, Instructor of Mathematics, effective May
31, 1972. Mr. Toups completed his temporary appointment.
11. Department of Modern Languages
Dr. Rafael Martinez Echeverria, Associate Professor of Modern
Languages, effective May 31, 1972. Dr. Echeverria1s immigration
status requires that he return to his native country.
12. Department of Music
Mr. David Robertson, Assistant Professor of Music, effective
May 31, 1972. Mr. Robertson completed his temporary appointment.
Mrs. Shirley Rena Watterston, Instructor of Music, effective
May 31, 1972. Mrs. Watterson was employed on a one-fourth time
basis for the Spring Semester, 1972, only.
13. Department of Sociology
Mr. Wallace John DuChateau, Assistant Professor of Sociology,
effective May 31, 1972. Mr. DuChateau resigned to complete
terminal degree requirements.
Mr. Daryl F. McCloskey, Instructor of Sociology, effective May
31, 1972. Mr. McCloskey completed his temporary appointment.
12-5
14. Department of Speech
Dr. James Townsend Yauger, Assistant Professor of Speech, effec
tive May 31, 1972. Dr. Yauger resigned for personal reasons.
15. Philemon Project
Dr. Albert Mitchell, Jr., Staff Specialist for Philemon Project,
effective May 31, 1972. Dr. Mitchell has concluded his portion
of work with the special project.
16. Student Life Division
Mr. Robert Ivan Yandell, Patrolman, Traffic and Security,
effective January 20, 1972. Mr. Yandell is seeking another
type of employment.
72-61
Upon motion of Regent Maness, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the following changes in
status be approved:
1. Department of Computer Science
Mrs. Camille Cook Price, Instructor of Computer Science, from
one-fourth time instructor ($1,125) to full-time instructor
C$4,500) for the Spring Semester, 1972.
2. Department of English
Dr. John Q. Hays, Professor of English, from full-time ($16,600)
to one-third time ($5,478), effective Fall Semester, 1972.
Mr. Carroll Robert Schoenewolf, Assistant Professor of English,
from full-time ($10,600) to one-quarter time ($1,325) for the
Fall Semester, 1972, only.
3. Department of Economics
Mr. Jeremiah M. Sullivan, Instructor of Economics, from a salary
rate of $9,600 to $10,000 for nine months, an increase of $400
for the Spring Semester, 1972, only. The increase is to cover
overload due to death of a faculty member.
Dr. Thomas K. Hunter, Associate Professor of Economics, from
a salary rate of $13,600 to $14,000 for nine months, an increase
of $400 for the Spring Semester, 1972, only. The increase is to
cover overload due to death of a faculty member.
12-6
72-62
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following leaves of
absence be granted:
1. Department of English
Mr. William David Whitescarver, Instructor of English, for the
academic year 1972-73, in order to continue work toward the
Ph.D. degree at Texas Tech.
2. Department of Geology
Mrs. Nancy S. Alexander, Instructor of Geology, for the academic
year 1972-73, in order to continue work toward the Ph.D. degree
at Southern Methodist University.
3. Department of Health and Physical Education (Women)
Miss Sandra Sue Cole, Instructor of Health and Physical Education
(Women), for the academic year 1972-73, in order to continue work
toward the Ph.D. degree at Indiana University.
4. Department of History
Dr. Samuel Dewitt Chandler, Assistant Professor of History, for
the Fall Semester, 1972. Dr. Chandler has been awarded a
Fellowship by the National Endowment for the Humanities for
study in Mexico City.
5. Department of Management
Mrs. Janelle C. Ashley, Associate Professor of Management, for
the Fall Semester, 1972. Mrs. Ashley has requested maternity
leave.
6. Department of Mathematics
Mr. Ennis Donice McCune, Assistant Professor of Mathematics,
for the academic year 1972-73, in order to continue work
toward the Ph.D. degree at Texas Tech.
72-63
Upon motion of Regent Tanner, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the following returns from
leave be accepted:
1. Department of English
Mr. Harry Dale Dawson, Assistant Professor of English, effective
Fall Semester, 1972. Mr. Dawson has been attending graduate
school.
12-7
8
Mr. Terry Joe Box, Assistant Professor of English, effective
Fall Semester, 1972. Mr. Box has been attending graduate school.
2. Department of Elementary Education
Mrs. Janice Sue Pattillo, Assistant Professor of Elementary
Education, effective Fall Semester, 1972. Mrs. Pattillo has
been attending graduate school.
3. Department of Health and Physical Education (Women)
Miss Sue Gunter, Assistant Professor of Health and Physical
Education (Women), effective Fall Semester, 1972. Miss Gunter
has been attending graduate school.
4. Department of Modern Languages
Mr. Will Bower Barclay, Assistant Professor of Modern Languages,
effective Fall Semester, 1972. Mr. Barclay has been attending
graduate school.
5. Department of Music
Mr. Gaston Darrell Holt, Assistant Professor of Music, effective
Fall Semester, 1972. Mr. Holt has been attending graduate school.
Mr. Thomas Michael Houston, Assistant Professor of Music,
effective Fall Semester, 1972. Mr. Houston has been attending
graduate school.
6. Department of School Services
Mrs. Elnita 0. Stanley, Assistant Professor of School Services,
effective Fall Semester, 1972. Mrs. Stanley has been attending
graduate school.
72-64
Upon motion of Regent Tanner, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the following name be
removed from the faculty and staff list:
1. Mr. George Ellis Ott, Instructor of Economics, effective March
13, 1972. Mr. Ott died on the evening of March 10, 1972.
72-65
Upon motion of Regent Gray, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the following promotions
be approved:
12-8
1. Department of Agriculture
Dr. Thurman T. Thomas from Assistant Professor to Associate
Professor of Agriculture, effective Fall Semester, 1972. Dr.
Thomas completed the requirements for promotion and was re
commended by the Dean and Department Head.
2. Department of Art
Dr. Diane Ford from Assistant Professor to Associate Professor
of Art, effective Fall Semester, 1972. Dr. Ford has completed
the requirements for promotion and was recommended by the Dean
and Department Head.
Mr. Charles B. Rees from Assistant Professor to Associate
Professor of Art, effective Fall Semester, 1972. Mr. Rees has
completed the requirements for promotion and was recommended
by the Dean and Department Head.
Mr. James R. Snyder from Assistant Professor to Associate
Professor of Art, effective Fall Semester, 1972. Mr. Snyder
completed the requirements for promotion and was recommended
by the Dean and Department Head.
3. Department of Biology
Dr. Elray S. Nixon from Associate Professor to Professor of
Biology, effective Fall Semester, 1972. Dr. Nixon completed
the requirements for promotion and was recommended by the Dean
and Department Head.
4. Department of Chemistry
Dr. S. S. Naistat from Associate Professor to Professor of
Chemistry, effective Fall Semester, 1972. Dr. Naistat completed
the requirements for promotion and was recommended by the Dean
and Department Head.
Dr. Bennie F. Walker from Assistant Professor to Associate
Professor of Chemistry, effective Fall Semester, 1972. Dr.
Walker completed the requirements for promotion and was re
commended by the Dean and Department Head.
5. Department of Economics
Dr. E. Dwayne Key from Assistant Professor to Associate Professor
of Economics, effective Fall Semester, 1972. Dr. Key completed
the requirements for promotion and was recommended by the Dean
and Department Head.
12-9
10
6. Department of Elementary Education
Dr. Mary H. Appleberry from Assistant Professor to Associate
Professor of Elementary Education. Dr. Appleberry completed
the requirements for promotion and was recommended by the Dean
and Department Head.
Mrs. Janice Pattillo from Instructor to Assistant Professor of
Elementary Education, effective Fall Semester, 1972. Mrs.
Pattillo completed the requirements for promotion and was re
commended by the Dean and Department Head.
Dr. John T. Thornton, Jr., from Associate Professor to
Professor of Elementary Education, effective Fall Semester, 1972.
Dr. Thornton completed the requirements for promotion and was
recommended by the Dean and Department Head.
7. Department of English and Philosophy
Mr. Terry Joe Box from Instructor to Assistant Professor of
English, effective Fall Semester, 1972. Mr. Box completed the
requirements for promotion and was recommended by the Dean and
Department Head.
Dr. Leonard Alfred Cheever from Assistant Professor to Associate
Professor of English, effective Fall Semester, 1972. Dr. Cheever
completed the requirements for promotion and was recommended by
the Dean and Department Head.
8. School of Forestry
Dr. Jack E. Coster from Assistant Professor to Associate
Professor of Forestry, effective Fall Semester, 1972. Dr. Coster
completed the requirements for promotion and was recommended by
the Dean.
Dr. Harry V. Wiant, Jr., from Professor and Assistant to the
Dean to Professor and Assistant Dean, effective Fall Semester,
1972. Dr. Wiant has completed the requirements for promotion
and was recommended by the Dean.
9. Department of General Business
Mr. Norman C. Cox from Instructor to Assistant Professor of
General Business, effective Fall Semester, 1972. Mr. Cox has
completed the requirements for promotion and was recommended
by the Dean and Department Head.
12-10
11
10. Department of Geology
Dr. Jerry W. Vincent from Assistant Professor to Associate
Professor of Geology, effective Fall Semester, 1972. Dr.
Vincent has completed the requirements for promotion and was
recommended by the Dean and Department Head.
11. Department of Health and Physical Education (Men)
Dr. Ronnie G. Barra from Assistant Professor to Associate
Professor of Health and Physical Education (Men), effective
Fall Semester, 1972. Dr. Barra has completed the requirements
for promotion and was recommended by the Dean and Department
Head.
Dr. Carl Kight from Associate Professor to Professor of Health
and Physical Education (Men), effective Fall Semester, 1972.
Dr. Kight has completed the requirements for promotion and was
recommended by the Dean.
12. Department of Health and Physical Education (Women)
Miss Sue Gunter from Instructor to Assistant Professor of Health
and Physical Education (Women), effective Fall Semester, 1972.
Miss Gunter completed the requirements for promotion and was
recommended by the Dean and Department Head.
13. Department of History
Dr. Bobby Johnson from Assistant Professor to Associate
Professor of History, effective Fall Semester, 1972. Dr.
Johnson completed the requirements for promotion and was re
commended by the Dean and Department Head.
Dr. Archie P. McDonald from Associate Professor to Professor,
of History, effective Fall Semester, 1972. Dr. McDonald com
pleted the requirements for promotion and was recommended by
the Dean and Department Head.
i
14. Department of Home. Economics
,; ' •
Mrs. Patsy Spurrier from Instructor to Assistant Professor of
Home Economics, effective Fall Semester, 1972. Mrs. Spurrier
completed the requirements for promotion and was recommended
by the Dean and Department Head.
15. Department of Mathematics
Dr. Roy Dean Alston from Assistant Professor to Associate
Professor of Mathematics, effective Fall Semester, 1972. Dr.
Alston completed the requirements for promotion and was recom
mended by the Dean and Department Head.
12-11
12
Dr. Calvin Pascal Barton from Assistant Professor to Associate
Professor of Mathematics, effective Fall Semester, 1972. Dr.
Barton completed the requirements for promotion and was recommended
by the Dean and Department Head.
Dr. Robert L. Shepard from Assistant Professor to Associate
Professor of Mathematics, effective Fall Semester, 1972. Dr.
Shepard completed the requirements for promotion and was
recommended by the Dean and Department Head.
16. Department of Modern Languages
Mr. Will B. Barclay from Instructor to Assistant Professor of
Modern Languages, effective Fall Semester, 1972. Mr. Barclay
completed the requirements for promotion and was recommended
by the Dean and Department Head.
Dr. Albrecht Giese from Assistant Professor to Associate Professor
of Modern Languages, effective Fall Semester, 1972. Dr. Giese
completed the requirements for promotion and was recommended by
the Dean and Department Head.
17. Department of Music
Dr. Danny Joe Beaty from Associate Professor to Professor of
Music, effective Fall Semester, 1972. Dr. Beaty completed the
requirements for promotion and was recommended by the Dean and
the Department Head.
Dr. Richard A. Coolidge from Associate Professor to Professor
of Music, effective Fall Semester, 1972. Dr. Coolidge completed
the requirements for promotion and was recommended by the Dean
and the Department Head.
Dr. Cody Alan Garner from Assistant Professor to Associate
Professor of Music, effective Fall Semester, 1972. Dr. Garner
completed the requirements for promotion and was recommended
by; the Dean and Department Head.
18. Department of Policitical Science
Dt'. James G. Dickson, Jr., from Assistant Professor to
Associate Professor of Political Science, effective Fall
Semester, 1972. Dr. Dickson completed the requirements for
promotion and was recommended by the Dean and Department Head.
19. Department of School Services
Dr. Thomas Paul White from Associate Professor to Professor
of School Services, effective Fall Semester, 1972. Dr. White
completed the requirements for promotion and was recommended
by the Dean and Department Head.
12-12
13
20. Department of Secondary Education
Dr. Bennat C. Mullen from Assistant Professor to Associate
Professor of Secondary Education, effective Fall Semester,
1972. Dr. Mullen completed the requirements for promotion
and was recommended by the Dean and Department Head.
72-66
Upon motion of Regent Tanner, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the following retirement
be accepted:
1. School of Sciences and Mathematics
Dr. Edwin L. Miller, Dean of the School of Sciences and Mathe
matics and Professor of Biology, effective August 31, 1972.
72-67
Upon motion of Regent Todd, seconded by Regent Golden, with all
Regents voting aye, it was ordered that the 1972-73 faculty and
staff appointments as submitted under separate cover be approved.
72-68
Upon motion of Regent Gray, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the following mid-year
budget adjustments be approved:
Budget Adjustments for Regents April, 1972 Meeting
Increases as Listed
Acct. No. Name
Purpose An
1026
1028
1150
1204
HPE-Men
Home Economics
Registrar
Building Maint.
Various All Dormitories
5120
5020
5180
5670
1950
1080
Misc. Enterprises
Athletic Dept.
Security & Parking
Dormitory 7
Major Repairs
Dean of Grad. Sch.
Laundry Service $ 1,000.00
Capital Outlay, Furn. & Equip. 3,000.00
I.D. cards for Students 2,000.00
Capital Outlay, Storeroom
Shelving 10,000.00
Student Assistants, Additional
Hours 14,000.00
Bicycle Racks 8,000.00
Recruiting & Travel,
Increases 10,000.00
Vehicle Replacement 2,500.00
Rekeying Locks 3,000.00
Austin Bldg. Renovations 5,000.00
Xerox Services 1 ,000.00
$59,500.00
12-13
14
J971-7Z Budget Adjustment for Operation and Maintenance
of Dormitories and Apartments
(Increases for Building Maintenance Charges and Telephone Charges
rebilled to students through rent)
12-14
15
72-69
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that a contract with Taylor
Brothers (painters) of Lufkin, Texas, for labor and materials at
cost plus 15% not to exceed $41,360 for repainting Dorms 10 and 15
be approved and the Chairman of the Board authorized to sign the
contract, as follows:
12-15
16
CONTRACT
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES I KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT, made this the 15th day of April, 1972, by and
between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, acting herein through its Chairman, hereinafter called MOwner" and
TAYLOR BROTHERS, LUFKIN, TEXAS 75901, hereinafter called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considerations
hereinafter named agree as follows:
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract
(General, Supplementary and other Conditions), Drawings, Specifications, all
Addenda issued prior to execution of this Agreement and all Modifications
issued subsequent thereto. These form the Contract, and all are as fully a
part of the Contract as if attached to this Agreement or repeated herein.
An enumeration of the Contract Documents appears in Article 17. If anything
in the General Conditions is inconsistent with this Agreement, the Agreement
shall govern.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
Repainting Dormitories 10 and 15.
12-16
17
ARTICLE 3
ARCHITECT
The Architect for this Project is Kent, Marsellos $ Scott
Architects-Engineers
Lufkin, Texas
ARTICLE 4
THE CONTRACTOR'S DUTIES AND STATUS
The Contractor accepts the relationship of trust and confidence established
between him and the Owner by this Agreement. He covenants with the Owner
to furnish his best skill and judgment and to cooperate with the Architect in
furthering the interests of the Owner. He agrees to furnish efficient business
administration and superintendence and to use his best efforts to furnish at all
times an adequate supply of workmen and materials, and to perform the work
in the best and soundest way and in the most expeditious and economical
manner consistent with the interests of the Owner.
ARTICLE 5
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced approximately
May 15, 1972, and completed by August 19, 1972.
ARTICLE 6
COST OF THE WORK AND GUARA^EED MAXIMUM COST
6.1 The Owner agrees to reimburse the Contractor for the Cost of the Work as
defined in Article 9. Such reimbursement shall be in addition to the Contractor's
Fee stipulated in Article 7.
6.2 The maximum cost to the Owner, including the Cost of the Work and the
Contractor's Fee, is guaranteed not to exceed the sum of Forty One Thousand,
Three Hundred Sixty and No/100 Dollars ($41,360.00); such Guaranteed Maximum
Cost shall be increased or decreased for Changes in the Work as provided in
Article 8. 12-17
-2-
18
ARTICLE 7
CONTRACTOR'S FEE
7.1 In consideration of the performance of the Contract, the Owner agrees
to pay the Contractor in current funds as compensation for his services a
Contractor's Fee as follows:
A fixed fee of Three Thousand Five Hundred and No/100
Dollars ($3,500.00)
7.2 For Changes in the Work, the Contractor's Fee shall be adjusted as
follows:
For changes in the work shown on the drawings add or deduct
15% of the change in cost from the Contractor's Fee.
7.3 The Contractor shall be paid Fifty per cent (50%) of the proportionate
amount of his Fee with each progress payment, and the balance of his Fee
shall be paid at the time of final payment.
ARTICLE 8
CHANGES IN THE WORK
8.1 The Owner may make Changes in the Work in accordance with Article 12 of
the General Conditions insofar as such Article is consistent with this Agree-ment.
The Contractor shall be reimbursed for Changes in the Work on the
basis of Cost of the Work as defined in Article 9.
8.2 The Contractor's Fee for Changes in the Work shall be as set forth in
Paragraph 7.2, or in the absence of specific provisions therein, shall be
adjusted by negotiation on the basis of the^ Fee established for the original
Work.
-3-
12-18
19
ARTICLE 9
COSTS TO BE REIMBURSED
9.1 The term Cost of the Work shall mean costs necessarily incurred in the
proper performance of the Work and paid by the Contractor. Such costs shall
be at rates not higher than the standard paid in the locality of the Work except
with prior consent of the Owner, and shall include the items set forth below
in this Article 9.
9.1.1 Wages paid for labor in the direct employ of the Contractor in the per
formance of the Work under applicable collective bargaining agreements, or
under a salary or wage schedule agreed upon by the Owner and Contractor, and
including such welfare or other benefits, if any, as may be payable with
respect thereto.
9.1.2 Salaries of Contractor's employees ^when stationed at the field office,
in whatever capacity employed.
9.1.3 Cost of contributions, assessments or taxes for such items as unem
ployment compensation and social security, insofar as such cost is based on
wages, salaries, or other remuneration paid to employees of the Contractor
and included in the Cost of the Work under Subparagraphs 9.1.1 and 9.1.2.
9.1.4 The proportion of reasonable transportation, traveling and hotel ex
penses of the Contractor or of his officer!; or employees incurred in discharge
of duties connected with the Work. 1
9.1.5 Cost of all materials, supplies and equipment incorporated in the Work,
including costs of transportation thereof.!«
I
9.1.6 Payments made by the Contractor to Subcontractors for Work performed
pursuant to subcontracts under this Agreement.
9.1.7 Cost, including transportation and maintenance, of all materials,
supplies, equipment, temporary facilities and hand tools not owned by the
-4-
12-19
20
workmen, which are consumed in the performance of the Work, and cost
less salvage value on such items used but not consumed which remain the
property of the Contractor.
9.1.8 Rental charges of all necessary machinery and equipment, exclusive
of hand tools, used at the site of the Work, whether rented from the Con
tractor or others, including installation, minor repairs and replacements,
dismantling, removal, transportation and delivery costs thereof, at rental
charges consistent with those prevailing in the area.
9.1.9 Cost of premiums for all bonds and insurance which the Contractor
is required by the Contract Documents to purchase and maintain.
9.1.10 Sales, use or similar taxes related to the Work and for which the
Contractor is liable imposed by any governmental authority.
9.1.11 Permit fees, royalties, damages for infringement of patents and
costs of defending suits therefor, and deposits lost for causes other than
the Contractor's negligence.
9.1.12 Losses and expenses, not compensated by insurance or otherwise,
sustained by the Contractor in connection with the Work, provided they have
resulted from causes other than the fault or neglect of the Contractor.
Such losses shall include settlements made with the written consent and
approval of the Owner. No such losses and expenses shall be included in
the Cost of the Work for the purpose of determining the Contractor's Fee.
If, however, such loss requires reconstruction and the Contractor is placed
in charge thereof, he shall be paid for his services a Fee proportionate
to that stated in Paragraph 7.1.
9.1.13 Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage, and similar petty cash items in
connection with the Work.
-5-
12-20
21
9.1.14 Cost of removal of all debris.
9.1.15 Cost incurred due to an emergency affecting the safety of persons
and property.
9.1.16 Other costs incurred in the performance of the Work if and to the
extent approved in advance in writing by the Owner.
ARTICLE 10
COSTS NOT TO BE REIMBURSED
10.1 The term Cost of the Work shall not include any of the items set forth
below in this Article 10.
10.1.1 Salaries or other compensation of the Contractor's officers, executives,
general managers, estimators, auditors, accountants, purchasing and contracting
agents and other employees at the Contractor's principal office and branch
offices, except employees of the Contractor when engaged at shops or on the
road in expediting the production or transportation of materials or equipment
for the Work.
10.1.2 Expenses of the Contractor's Principal and Branch Offices other than
the Field Office.
10.1.3 Any part of the Contractor's capital expenses, including interest on
the Contractor's capital employed for the Work.
10.1.4 Overhead or general expenses of any kind, except as may be expressly
included in Article 9.
10.1.5 Costs due to the negligence of the Contractor, any Subcontractor,
anyone directly or indirectly employed by any of them, or for whose acts
any of them may be liable, including but not limited to the correction of
defective Work, disposal of materials and equipment wrongly supplied, or
making good any damage to property.
-6-
12-21
22
10.1.6 The cost of any item not specifically and expressly included in the
items described in Article 9.
10.1.7 Costs in excess of the Guaranteed Maximum Cost, if any, as set forth
in Article 6 and adjusted pursuant to Article 8.
ARTICLE 11
DISCOUNTS, REBATES AND REFUNDS
All cash discounts shall accrue to the Contractor unless the Owner deposits
funds with the Contractor with which to make payments, in which case the
cash discounts shall accrue to the Owner. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall
accrue to the Owner, and the Contractor shall make provisions so that they
can be secured.
ARTICLE 12
SUBCONTRACTS
12.1 All portions of the Work that the Contractor's organization has not
been accustomed to perform shall be performed under subcontracts. The
Contractor shall request bids from subcontractors and shall deliver such
bids to the Architect. The Architect will then determine, with the advice
of the Contractor and subject to the approval of the Owner, which bids will
be accepted.
12.2 All Subcontracts shall conform to the requirements of Paragraph 5.3
of the General Conditions. Subcontracts awarded on the basis of the cost
of such work plus a fee shall also be subject to the provisions of this
Agreement insofar as applicable.
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12-22
23
ARTICLE 13
ACCOUNTING RECORDS
The Contractor shall check all materials, equipment and labor entering into
the Work and shall keep such full and detailed accounts as may be necessary
for proper financial management under this Agreement, and the system shall
be satisfactory to the Owner. The Owner shall be afforded access to all the
Contractor's records, books, correspondence, instructions, drawings, receipts,
vouchers, memoranda and similar data relating to this Contract, and the Con
tractor shall preserve all such records for a period of three years after
the final payment.
ARTICLE 14
APPLICATIONS FOR PAYMENT
The Contractor shall, at least ten days before each progress payment falls
due, deliver to the Architect a statement, sworn to if required, showing in
complete detail all moneys paid out or costs incurred by him on account of
the Cost of the Work during the previous month for which he is to be reimbursed
under Article 6 and the amount of the Contractor's Fee due as provided in
Article 7, together with payrolls for all labor and all receipted bills for
which payment has been received.
ARTICLE 15
PAYMENTS TO THE CONTRACTOR
15.1 The Architect will review the Contractor's statement of moneys due as
provided in Article 14 and will promptly issue a Certificate for Payment to
the Owner for such amount as he approves, which Certificate shall be payable
on or about the Tenth day of the month.
12-23
-8-
24
15.2 Final payment, constituting the unpaid balance of the Cost of the Work
and of the Contractor's Fee, shall be paid by the Owner to the Contractor
when the Work has been completed, the Contract fully performed and a final
Certificate for Payment has been issued by the Architect. Final payment
shall be due Thirty days after the date of issuance of the final Certificate
for Payment.
ARTICLE 16
TERMINATION OF THE CONTRACT
16.1 The Contract may be terminated by the Contractor as provided in Article
14 of the General Conditions.
16.2 If the Owner terminates the Contract as provided in Article 14 of the
General Conditions, he shall reimburse the Contractor for any unpaid Cost of
the Work due him under Article 6, plus (1) the unpaid balance of the Fee
computed upon the Cost of the Work to the date of termination at the rate
of the percentage named in Article 7, or (2) if the Contractor's Fee be
stated as a fixed sum, such an amount as will increase the payments on
account of his Fee to a sum which bears the same ratio to the said fixed
sum as the Cost of the Work at the time of termination bears to the adjusted
Guaranteed Maximum Cost, if any, otherwise to a reasonable estimated Cost of
the Work when completed. The Owner shall also pay to the Contractor fair
compensation, either by purchase or rental at the election of the Owner, for
any equipment retained. In case of such termination of the Contract the
Owner shall further assume and become liable for obligations, commitments
and unsettled claims that the Contractor has previously undertaken or
incurred in good faith in connection with said Work. The Contractor shall,
as a condition of receiving the payments referred to in this Article 16,
-9-
12-24
25
execute and deliver all such papers and take all such steps, including
the legal assignment of his contractual rights, as the Owner may require
for the purpose of fully vesting in him the rights and benefits of the
Contractor under such obligations or commitments.
ARTICLE 17
MISCELLANEOUS PROVISIONS
17.1 Terms used in this Agreement which are defined in the Conditions of
the Contract shall have the meanings designated in those conditions.
17.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated as
follows:
1. This Agreement
2. Instruction to Bidders - A.I.A. Document A701.
General Conditions for the Contract for Construction - A.I.A.
Document A201.
3. DORMITORY 10: Repaint one coat in present color the following:
Interior: One coat on all plaster walls except in Mechanical
Rooms, Laundries, Storage, Janitor's Closets and Bedroom Closets.
One coat present color on all doors and door bucks and all
built-in furniture:
One coat on Rest Rooms ceilings.
DORMITORY 15: Repaint one coat present color as follows:
Exterior: All wood, metal and plaster surfaces.
Interior: All plaster ceilings and walls except in Mechanical
Rooms, Laundries, Storage and Janitor's Closets,
except stained and varnished doors and built-in furniture.
12-25
-10-
26
4. The Contractor shall furnish Insurance acceptable to the Owner
as follows:
a. Compensation and Employerfs Liability Insurance as
required by law.
b. Comprehensive General Liability Insurance and Com
prehensive Automobile Liability Insurance $300,000.00-
$500,000.00. Property Damage $100,000.00-$300,000.00.
Provide Owner's Protective Liability Insurance naming
the Owner and the Architect/Engineer in the same amounts.
For purpose of complying with the State of Texas Sales Tax the
following is a division between labor and materials:
Labor
Material
Total $41,360.00
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (4) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE
UNIVERSITY
By /s/ C. G. Haas By /s/ R. E. McGee
Witness Chairman
TAYLOR BROTHERS
LUFKIN, TEXAS
SEAL Address
By /s/ A. M. Taylor
12-26
-11-
27
READ AND EXAMINED:
/s/ C. G. Haas Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest,
If Contractor is corporation, Secretary should attest. Give proper
title of each person executing Contract.
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12-27
28
72-70
Upon motion of Regent Gray, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the contracts with
Honeywell, Inc., of Dallas, for $21,173, and with Engineered Air
Balance Co., Inc., of Dallas, for $3,300 for overhauling the air
conditioning controls of Dormitory 14 be approved and the Chairman
of the Board authorized to sign the contracts as follows:
12-28
29
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made and entered into this 15th day of
April, A,D, 1972, by and between the Beard of Regents, Stephen F«
Austin State University of the City of Nacogdoches , County of
Nacogdoches, and the State of Texas, acting herein through its
President, Party of the First Part, termed in the Contract
Documents as the OWNER, and Honeywell Inc. of the City of
Minneapolis, County of Hennepin, and the State of Minnesota,
Party of the Second Part, termed in the Contract Documents as
the CONTRACTOR,
WITNESSETH: (l) That for and in consideration of the
payments and agreements hereinafter mentioned, to be made and
performed by the Owner, and under the conditions expressed in the
Bonds bearing even date herewith, the Contractor hereby agrees
with the Owner to commence and complete the construction of
certain improvements described as follows: "Renovation of Air
Conditioning Control System, Dormitory lVf, as described in the
"Description of the Work", and all work in connection therewith,
and at his (or their) own proper cost and expense to furnish all
the material, supplies, machinery, equipment, tools, superintendence,
Labor, insurance, and other accessories and services necessary
to complete the said construction, in accordance with the prices
stated in the Proposal, and in compliance with the Performance
Bond and the Payment Bond and the Description of Work hereto
attached, all of which are made a part hereof and collectively
evidence and constitute the Contract.
(2) Contractor agrees to commence work under this Contract
within thirty (30) days from the date thereof and to complete said
work ready for the use by August 1, 1972.
In defaulting thereof, the Contractor shall be liable for
liquidated damages of $25 per day.
12-29
30
(3) The Owner agrees to pay the Contractor in current funds for
the performance of the Contract in accordance with the Proposal sub-
SeSSy S°neiithe ?ff,°f J™?** 0NE TH0USAND, ONE HUNDRED AND
afFS Jf ^ ($21'173')' subJect ^ additions and deductions,
and to make payments on account thereof as provided.
T° i*^ PromPt» faithful, sufficient, and complete
n^S^ Y J ?ntraCt °n MS Part > the c°ntr«tor has attached
hereto and hereby makes a part hereof, Insurance Policies or
£!« 5"Jte! °f Insurailce> a Performance Bond and a Payment Bond to
be satisfactory m all respects to the Owner. Said Bonds, in the
full amount of the Contract price, are to insure the faithful
performance of the Contract under all conditions laid down by it
and the Description of the Work covering equipment furnished, labor
employed workmanship, material, time of completion and delivery.
Said Bonds and Policies shall hold and keep the Owner harmless and
rree from all liens, claims, patent infringements, liability,
demands, and expenses of every kind and nature for any accident or
injury to any person or persons or property, occasioned by or
resulting from the prosecution of the work pursuant to the terms of
the Contract.
IN WITNESS WHEREOF, the parties of these presents have
executed this Contract in five (5) counterparts, each of which shall
be deemed an original in the year and day first above mentioned.
SEAL
BY /s/ C. G. Haas
Witness
BOARD OF REGENTS
GTEPIIEN F. AUSTIN 3TATE UNIVERSITY
BY /s/ R. E. McGee
Chairman
.Honeywell Inc.
Contractor
2?01 Fourth Avenue South
Minneapolis. Minnesota
Address
SEAL
READ AND EXAMINED
r*. R. Koonia . credi
Commercial Division
924-7
ager
N/mb
Board of Regents, Stephen F. Austin State University
12-30
31
CONTRACT
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made and entered into this 15 day of April,
A.D. 1972, by and between the Board of Regents, Stephen F. Austin State
University of the City of Nacogdoches, County of Nacogdoches, and State
of Texas, acting herein through its President, Party of the First Part,
termed in the Contract Documents as the OWNER, and Engineered Air
Balance Co., Inc. of the City of Dallas, County of Dallas, and the
State of Texas, Party of the Second Part, termed in the Contract
Documents as the CONTRACTOR,
WITNESSETH: (l) That for in consideration of payments
and agreements hereinafter mentioned, to be made and performed by
the Owner the Contractor hereby agrees with the Owne? to commence
and complete the balancing, testing and adjusting of the air
conditioning system in Dormitory Ik described in the "Description
of the Work" and all work in connection therewith, and at his Cor
their) own proper cost and expense to furnish all the material,
supplies, machinery, equipment, tools, superintendence, labor
insurance, and^other accessories and services necessary to complete
the said work m accordance with the prices stated in the Proposal,
and in compliance with the Description of the Work hereto attached
Au ust2is C°g*ractor aSrees t° complete said work ready for use by
In defaulting thereof, the Contractor shall be liable for
liquidated damages of $25 per day.
*
(3) The Owner agrees to pay the Contractor in current funds for
i??+PJrfj^T6 °f thS Contract in accordance with the Proposal sub-
S«nn *herefore> the sum of THREE THOUSAND, THREE HUNDRED Dollars
1*3300.) subject to additions and deductions, and to make payments
on account thereof as provided.
12-31
32
executed tS
SEAL
BOARD OP REGENTS
F. AUSTIN STATE UNIVERSITY
BY /s/ C. G.
BY /s/ R. E. McGee
Chairman
Engineered Air Balance Co., Tnr;
Contractor
SEAL
13333 North Central Expressvay
Dallas„ Texas
Address
ENGINEERED AIR BALANCE CO,m:.BY
READ AND EXAMINED
Walter L. Li^ski
President
Board or Regents, Stephen F. Austin' State'university
12-32
33
DESCRIPTION OF THE WORK
Balancing, Testing and Adjusting Air Conditioning System
Dormitory 14, Stephen F. Austin State University
!vL°fWf:Jhe ^ plWaS t0 renovate the air conditioning control
system in Dormitory Ik during the summer of 1972. The dorm will be
vacated by May 15,1972 and school will begin again on August 19, 1972.
During the summer the dorm will be vacant.
The Owner is contracting with Honeywell Inc. to rework the air
condi-cionmg controls and to replace all grilles . The contract with
Honeywell Inc. will be complete on August 1, 1972.
The testing and Balancing Contractor will have complete control
of the building from August 1, 1972 through August 15, 1972. Work
may begin prior to August 1, 1972 if desired.
Services of the Testing and Balancing Contractor;
1. Through investigation and inspection of each multi-zone air
conditioning unit (8) and each single zone air conditioning
unit (2) to verify proper and/or required operation of all
components within the air handling units.
2. Adjust, balance and.test each air conditioning unit to supply
the required quantity of air through the actual resistance of
filters, coils, duct systems and air distribution units. Also,
set all main, branch and mixing dampers to provide systemic
balance. Owner will provide new filters.
3. Adjust, set all air balance valves, grids, dampers, diffusers,
grilles and registers of these systems to deliver the volume
of air to obtain optimum air distribution in the occupied spaces.
k. Water flow will be tested and adjusted at each water coil in the
various air handling units to insure that.each coil is receiving
the volume of water required and of the proper temperature to
perform its duty.
5. The operation of the temperature control system shall be
surveyed. If the temperature control system requires repair,
calibration etc., such data will be submitted in the report to
the Owner and Engineer along with the record of temperatures
measured.
6. Submit three copies of the report of findings and recommendations
to obtain optimum conditions of operation. Report to include data
onfans, dampers, air distribution devices and water flow through,
coils. Air quantities at each register, water pressure readings
at coils, temperatures at coils, and static pressures at units
shall be included. Amperage and voltage readings at each motor
shall be included.
12-33
34
72-71
Upon motion of Regent Perkins, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that Change Order No. 1 for $480
be added to the Henry T. Smith contract on the Renovation of the
Swimming Pool Water System.
72-72
Upon motion of Regent Bergman, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the University be authorized
to add five street lights on East College Street between the LaNana
Creek Bridge and University Drive to be purchased through the State
Board of Control, at an estimated cost of $3,500 including installation
and erection.
72-73
Upon motion of Regent Tanner, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the contract with Brenham
Roofing and Metal Company of Brenham, Texas, for $15,500 to re-roof
the Austin Building be approved and the Chairman of the Board author
ized to sign the contract, as follows:
12-34
35
CONTRACT
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES I
THIS AGREEMENT made and entered into this 15th day of April, 1972,
by and between THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY,
Nacogdoches, Texas, acting herein through its Chairman, and hereinafter
called Owner, and Brenham Roofing and Metal Company of Brenham, Texas,
hereinafter called Contractor.
The Owner and the Contractor, for the considerations hereinafter
named, agree as follows:
1. The Contractor agrees to provide all the materials, furnish
all the labor, and do all things necessary to complete fully the job of
RE-ROOFING THE AUSTIN BUILDING
all in accordance with the plans and specifications as prepared by Kent,
Marsellos & Scott, Architects-Engineers for Stephen F. Austin State University,
as identified with the Architect's Job No. 3319. The said plans and
specifications and general conditions are made a part of this Agreement
for all intents and purposes provided that if anything in the said
conditions of the contract is in conflict with the Agreement, this Agreement
shall control and govern.
2. The work called for and included in this Agreement shall be
under the direction of the Comptroller, Stephen F. Austin State University,
and his determination of the true meaning, and proper construction of the
plans and specifications shall be considered as final.
12-35
36
3. The work to be performed under this Agreement shall be
completed in a time and manner to be mutually agreed upon by the Owner
and Contractor so as to be advantageous to both parties and so as to
complete the work in as short a time as possible.
4. The Owner shall pay the Contractor for the performance of the
Agreement FIFTEEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS
($15,500.00) out of funds available to the Owner from Surplus
Auxiliary Enterprise Funds, approved by the Board of Regents of Stephen F.
Austin State University, Nacogdoches, Texas, acting for and in behalf of
said University.
Final payment shall be made within thirty (30) days after completion
of the work and the Contract fully performed. Before payment is made, the
Contractor shall submit satisfactory evidence that all payrolls, material
bills, and other indebtedness connected with the work have been paid.
5. The Contractor agrees:
A. Upon the execution of the Agreement, the Contractor shall
execute a performance bond with surety acceptable to the Owner, conditioned
that Contractor shall faithfully perform the contract in accordance with
the plans, specifications and contract documents, and shall fully indemnify
and save harmless the State of Texas from all costs and damage which the
State of Texas may suffer by reason of Contractor's default or failure so
to do, and shall fully reimburse and repay the State of Texas all outlay
and expense which the State of Texas may incur in making good any such
default.
~2I2-36
37
B. Upon execution of the agreement the Contractor shall
execute payment bond with surety acceptable to the Owner, conditioned
that Contractor shall promptly make payment to all claimants as defined
by Article 5160, Revised Civil Statutes of Texas, 1925, as amended by
House Bill 344, Acts of the 56th Legislature, Regular Session, 1959,
effective April 27, 1959, supplying labor and materials in the prosecution
of the work provided for in said contract.
6. The Contractor agrees to procure and keep in force insurance
with companies acceptable to the Board of Regents conforming to the
following schedule and in amounts no less than shown below:
A. Workmen's Compensation Insurance as required by the laws
of the State of Texas;
B. Contractor's Public Liability and Property Damage Insurance
in the amount of $100,000.00 for injury to, or death of any
one person, and $300,000.00 for any one accident and in the
amount of $50,000.00 for property damage.
C. Automotive Public Liability and Property Damage Insurance
covering all automobiles and motor vehicles used in Con
tractor's operations on the campus of the University for
whose benefit the contract is made in the amount of $100,000.00
for injury to, or death of, any one person and in the amount
of $300,000.00 for injury or death in any one accident and
covering property damage in the amount of $50,000.00.
D. And to indemnify, protect and hold Owner harmless against
all claims, demands, acts of destruction, loss or damage
to property, injury to or death of, Contractor's employees,
-3- 12-37
38
Owner's employees and any and all persons whomsoever
growing out of, or in any way connected with, Contractor's
operations upon the campus of the above described university.
Before commencement of operation hereunder Contractor shall
furnish to the Owner, by delivering to the Secretary of the
Board of Regents of Stephen F. Austin State University in
Nacogdoches, Texas, photostatic copies of the above mentioned
Workmen's Compensation and Public Liability Insurance
policies, together with a certificate from the insurance
carrier that the insurance shall not be cancelled until ten
days written notice of said impending cancellation has been
given to Owner.
7. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said improve
ments and premises, upon completion, to the Owner, free and clear of all
liens and claims for labor furnished or materials used and other indebtedness
whatsoever.
IN WITNESS WHEREOF, the Owner has caused the execution of these
presents by its proper officer, and its seal to be hereunto affixed, and
the Contractor has hereunto set his hand the day and year first above
written.
THE BOARD OF REGENTS OF STEPHEN F.
AUSTIN STATE UNIVERSITY
By /s/ R. E. McGee
Chairman
ATTEST:
By /s/ C. G. Haas
Secretary
SEAL _4_ 12~38
39
By /s/ John S. Crawford, President
Contractor
READ AND EXAMINED:
/s/ C, G. Haas Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
— - Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest.
If Contractor is corporation, Secretary should attest. Give proper
title of each person executing Contract.
12-39
-5-
40
72-74
Upon motion of Regent Tanner, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the contract to refurbish
the exterior stone and masonry of the Fine Arts Building with The
Exum Company of Tyler, Texas, for $26,980 be approved and the Chairman
of the Board authorized to sign the contract, as follows:
12-40
41
CONTRACT
THE STATE OF TEXAS \
COUNTY OF NACOGDOCHES I
THIS AGREEMENT made and entered into the 15th day of April, 1972,
by and between THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY,
Nacogdoches, Texas, acting herein through its Chairman, and hereinafter
called Owner, and THE EXUM COMPANY of Tyler, Texas -- ---_-.
hereinafter called Contractor.
lilies S E T H
The Owner and the Contractor, for the considerations hereinafter
named, agree as follows:
1. The Contractor agrees to provide all the materials, furnish
all the labor, and do all things necessary to complete fully the job of
EXTERIOR RENOVATION OF THE FINE ARTS BUILDING
all in accordance with the plans and specifications describing the scope
of the work as the base proposal as prepared by Kent, Marsellos $ Scott,
Architects-Engineers for Stephen F. Austin State University. Said
specifications also being described as the Architects Job No. 3320. The
said plans and specifications and general conditions are made a part of
this Agreement for all intents and purposes provided that if anything in
the said conditions of the contract is in conflict with the Agreement,
this Agreement shall control and govern.
2. The work called for and included in this Agreement is to be
done under the direction of the Comptroller, Stephen F. Austin State
University, and his determination of the true meaning, and proper con
struction of the plans and specifications shall be considered as final.
12-41
42
3. The work to be performed under this Agreement shall be
completed in a time and manner to be mutually agreed upon by the Owner
and Contractor so as to be advantageous to both parties, with a minimum
of interruption to the usefulness and occupancy of the building, and so
as to complete the work in the shortest length of time possible.
4. The Owner shall pay the Contractor for the performance of the
Agreement TWENTY SIX THOUSAND NINE HUNDRED EIGHTY AND NO/100
- - - ($26,980.00), out of funds available to the Owner from Surplus
Auxiliary Enterprise Funds, approved by the Board of Regents of Stephen F.
Austin State University, Nacogdoches, Texas, acting for and in behalf of
said University.
Final payment shall be made within thirty (30) days after completion
of the work and the Contract fully performed. Before payment is made, the
Contractor shall submit satisfactory evidence that all payrolls, material
bills, and other indebtedness connected with the work have been paid.
5. The Contractor agrees:
A. Upon the execution of the Agreement, the Contractor shall
execute a performance bond with surety acceptable to Owner, conditioned
that Contractor shall faithfully perform the contract in accordance with
the plans, specifications and contract documents, and shall fully indemnify
and save harmless the State of Texas from all costs and damage which the
State of Texas may suffer by reason of Contractor's default or failure so
to do, and shall fully reimburse and repay the State of Texas all outlay
and expense which the State of Texas may incur in making good any such
default.
12-42
-2-
43
B. Upon execution of the agreement the Contractor shall
execute payment bond with surety acceptable to the Owner, conditioned
that Contractor shall promptly make payment to all claimants as defined
by Article 5160, Revised Civil Statutes of Texas, 1925, as amended by
House Bill 344, Acts of the S6th Legislature, Regular Session, 1959,
effective April 27, 1959, supplying labor and materials in the prosecution
of the work provided for in said contract.
6. The Contractor agrees to procure and keep in force insurance
with companies acceptable to the Board of Regents conforming to the
following schedule and in amounts no less than shown below:
A. Workmen's Compensation Insurance as required by the laws
of the State of Texas;
B. Contractor's Public Liability and Property Damage Insurance
in the amount of $100,000.00 for injury to, or death of any
one person, and $300,000.00 for any one accident and in the
amount of $50,000.00 for property damage.
C. Automotive Public Liability and Property Damage Insurance
covering all automobiles and motor vehicles used in Con
tractor's operations on the campus of the University for
whose benefit the contract is made in the amount of $100,000.00
for injury to, or death of, any one person and in the amount
of $300,000.00 for injury or death in any one accident and
covering property damage in the amount of $50,000.00.
D. And to indemnify, protect and hold Owner harmless against
all claims, demands, acts of destruction, loss or damage
to property, injury to or death of, Contractor's employees,
12-43
44
Owner's employees and any and all persons whomsoever
growing out of, or in any way connected with, Contractor's
operations upon the campus of the above described university.
Before commencement of operation hereunder Contractor shall
furnish to the Owner, by delivering to the Secretary of the
Board of Regents of Stephen F. Austin State University in
Nacogdoches, Texas, photostatic copies of the above mentioned
Workmen's Compensation and Public Liability Insurance
policies, together with a certificate from the insurance
carrier that the insurance shall not be cancelled until ten
days written notice of said impending cancellation has been
given to Owner.
7. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said improve
ments and premises, upon completion, to the Owner, free and clear of all
liens and claims for labor furnished or materials used and other indebtedness
whatsoever.
IN WITNESS WHEREOF, the Owner has caused the execution of these
presents by its proper officer, and its seal to be hereunto affixed, and
the Contractor has hereunto set his hand the day and year first above
written.
THE BOARD OF REGENTS OF STEPHEN F.
AUSTIN STATE UNIVERSITY
By /s/ R. E. McGee
Chairman
ATTEST:
By I si C. G. Haas
Secretary
SEAL _4_ 12-44
45
By /s/ Arthur Exum
Contractor
READ AND EXAMINED:
/£/ C. G. Haas Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest,
If Contractor is corporation, Secretary should attest. Give proper
title of each person executing Contract.
12-45
-5-
46
72-75
Upon motion of Regent Tanner, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the contract to construct
an art department lab building with Pigg Construction Company of
Center, Texas, for $152,300 be approved and the Chairman of the
Board authorized to sign the contract, as follows:
12-46
CONTRACT
THE STATE OF TEXAS Q
COUNTY OF NACOGDOCHES J KNOW A"^™ ** ™ESE PRESENTS
THIS AGREEMENT, made this the 15 th day of April,
1972, by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN
STATE UNIVERSITY. NACOGDOCHES. TEXAS, acting herein through its
President, hereinafter called "Owner" and PIGG CONSTRUCTION COMPANY.
CENTER, TEXAS, hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
ART STUDIOS. STEPHEN F. AUSTIN STATE UNIVERSITY. NACOGDOCHES.
TEXAS, prepared by Kent, Marsellos & Scott, Architects - Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of this Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
12-47
4'8
form the Contract, and they are as fully a part of the Contract as if
hereto attached or herein repeated. The following is an enumeration
of the Specifications and Drawings:
Drawings and Specifications entitled "ART STUDIOS, STEPHEN F.
AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS", sheet and
section numbers as listed in Paragraph 1. 1 of "Supplementary Condi
tions"; and the following:
Addendum No. 1, dated March 24, 1972, Page 1 incl.
Addendum No. 2, dated April 3, 1972, Pages 1-2 incl.
Addendum No. 3, dated April 5, 1972, Page 1 incl.
Addendum No. 4, dated April 6, 1972, Page 1 incl.
Copies of which are attached hereto, are a part of this contract.
1. This Contract is to cover the General Contract Work, Plumbing,
Heating and Air Conditioning and Electric Work, complete.
The said Drawings, and each and all said Specifications and "General
Conditions" are made a part of this Agreement for all intents and
purposes; provided that if anything in the said "General Conditions11
of the Contract is in conflict with this Agreement, this Agreement
shall control and govern.
-2-
12-48
4-9
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work OrderMf and
shall be fully completed within 90 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $100.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1. 51 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
ONE HUNDRED FIFTY TWO THOUSAND THREE HUNDRED
DOLLARS ($152,300.00) out of Plant Fund Surpluses available to the
Owner for expenditure for the use and benefit of Stephen F. Austin
State University.
The basis of the above contract price is as follows:
Base Bid - $152,300.00
-3-
12-49
50
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
-4-
12-50
SI
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been
paid.
S. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1* That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
-5- .
12-51
52
Surety Companies shall be on approved list of U# S.
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30f 1957f as
Acceptable Sureties on Federal Bonds11 and within the
Underwriting Limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th Legislature, Regular Session, 1959* effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer's Liability Insurance: As
required by the laws of the State of Texas; Employer's
Liability Insurance, $100,000+00,
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance: In an amount not less than
$300, 000. 00 for injuries, including accidental death
-6-
12-52
53
to any one person, and subject to the same limit for
each person; and in an amount not less than $500, 000, 00
on account of one occurrence; Property Damage Insurance in
an amount not less than $100, 000. 00 each occurrence; $300, 000# 00
aggregate.
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions ^Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4. 18 of "General
Conditions11. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$300, 000. 00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$100,000.00 (each occurrence)
$300, 000. 00 (aggregate)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
12-53
-7-
f) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the above
mentioned insurance policies, together with a certificate
from the insurance carrier that the insurance will not be
cancelled or permitted to lapse until fifteen (15) days written
notice of said impending cancellation has been given to the
Owner.
7. Builder's Risk Insurance; The Contractor shall provide Builder's Risk
Insurance as specified in Paragraph 1. 6 of Specifications on a 100%
completed value basis in the names of the Contractor, Owner
and Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law.
-8-
12-54
5*5
8* The Contractor shall complete the several portions and the
whole of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax*
the following is a division between labor and materials:
Labor $ 30,000. 00
Materials 122,300.00
Total $ 152,300.00
12-55
56
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By
SEAL
ritness
READ AND
PIGG CONSTRUCTION COMPANY
CENTER, TEXAS
Franklifx Pigg,
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
12-56
'57
ADDENDUM NO, 1
Alt T S T U D.TOS
STEPHEN F. AUSTIN'STATE UNIVERSITY
NACOGDOCHES, TEXAS
KENT, MARSELL.OS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
MARCH 24, 1972
DIVISION 13 - METAL BUILDING:
1. Roof system shall comply with requirements of
U. L. Class 90. Metal building monufacturer
shall furnish certificate that roof system has been
tested by Underwriters1 Laboratories, Inc. and
meets all requirements for wind uplift - Class 90.
The installed roof system shall conform to all re
quirements of U. L. Class 90.
2, Instead of fasteners specified for roof and wail cover
ing. Use TEK-3 12 - !4 x 1-15/16" with 5/8" O.D.
Twin seal washer manufactured by Buildex Corporation
5731 Caladium Drive, Dallas, Texas 75230 for wail
panels with 1M rigid insulation. For roof panels,
use TEK fasteners of proper size suggested by manu
facturer for use with metal covering and 411 blanket
type insulation. Exact length of fasteners for roof and
wall covering to suit building panels and insulation used.
ee
12-57
ADDENDUM NC. 2 58
A II 'I1 :■> 1/ l.i fj JO
STEPHEN F. AUSTIN S rATK UNIVERSITY
NACOGDOCll.ES, TEXAS
KENT, MAUSKLLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY UUILDJNG
LUFKIN, TEXAS 75901
APRIL 3, I97Z
DIVISION 6 - "0610 - Roufth Carpentry11:
DIVISION 13 - METAL BUILDING:
1.^ At west wall of Graphic Arts 101, install 211 x 20 ga.
gaiv. wire mesh on exterior side of ln styrofoam to
serve as backing. Use mesh only where exterior siding
does not provide backing for styrofoam.
2. At Sections 501 and 502, use a continuous 16 ga. channel
at the ends of the catilcvcrcd purlins to serve as bracing
for the purlins. Connect continuous brace at ridge
splice with a splice plate connecting the webs.
Bracing channel same depth as purlins.
3« Purlins shown cantilevered at Sections 501 and 502
shall be of proper size and spacing to safely support
suspended framing and fascia at gable. At connection
of 2 x 4 framing to purlins, use 2 - 2 x 4fs vertical
instead of 2 - 2 x 4Js flat as detailed.
DIVISION 1610 - ELECTRICAL:
1. Add new Item 30 as follows:
"CLOCK AND BELL: (a) The University Campus now
has a Simplex Central Time and Signal Control System.
(b) The clock system for this building shall be synchronously
wired. The bell system shall be wired.
(c) The Electrical Contractor .shall be responsible for
contacting Simplex Ti*no Recorder Company, Dallas, Texas
to determine the necessary components and wiring necessary
to connect the clock and bell and warning light system and
include all cost of same ia his bid proposal.
ce (over)
12-58
ee
Addendum No. 2 .
Art Studios - ,SFA
(d) The Contractor shall at the time of pull cord in
stallation in the tcl(»phonr nervier rotxluit install a twistorl
pair of //16 conductor:;, pl;»si.ic in/;ul.v t«:d ;mhI pi a .n tic:
jacketed from Art Studio telephone board to ROTC Building
telephone board.
(c) Clock shall be wall mounted, double dial, 12n round
with black gothic design nunirralrj on off-white dail, synchronous
wired with automatic individual ^supervision.
(f) Bell shall be 4M combined with flashing red light for visual
warning.
(g) All clock, bell and flashing light installation shall be
under the supervision of Simplex Time Recorder Company. lf
12-59
ADDENDUM NO. 3 60
ART STUDIOS
STEPHEN F. AUSTIN STALK UNIVERSITY
NA COG DOCJ iKS, TKXAli
KENT, MARSLLLGo AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
APRIL 5, 1972
DIVISION 13 - METAL BUILDING:
1. The continuous anticapiilary groove as specified
under'Roof and Wall Covering)1 Page 7, Paragraph
nCn is a mandatory requirement for all roof and wall
panels.
2. Roof system shall comply with requirements of U. L.
Class 90. Installed roof system shall conform to all
requirements of U. L. Class 90, except that U. L.
Certificate will not be required.
Guarantee for five (5) years that roof and walls will not
leiak. Repair damaged surfaces from leaks without cost
to the Owner.
ee
12-60
61
ADDENDUM NO. 4
A R T S T U L) I O S
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOCDOCKES, ThXAS
KENT, MAKSKLLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
APRIL 6, 1972
On all Exterior Doors #1 and #2 install the folLovving weather stripping:
Sill - Zero # 39A Sweep
Head & Jambs - Zero 328 extruded aluminum, slotted
for adjustment
Install with stainless steel screws at 12fl o. c.
DIVISION 13 - METAL BUILDING:
Trim and Closures:
D. Rubber Closures - Locate closure so that roof and
wall covering fasteners pass through the center of closures
to prevent dislodging of closure material.
MECHANICAL DRAWINGS:
SHEET ME-1 --
(1) Change new cold water supply from 3" to 6M between
existing 6M line and main valve box. Valve to be 611.
Install 6" tee and 6M valve in new valve box 5!-Q"
back of east curb of street.
(2) Change new gas line from 2" to 4" outside of building.
Install 411 tee and cap 51 -0M back of east curb of street.
SHEET M-2 ~-
(1) Move valve on cold water supply from Room 104 to
Room 112. Locate valve adjacent to wall of Room 104.
(2) Install new valve in cold water supply to Room 103.
Valve to be installed in Corridor 102.
ee
12-61
62
72-76
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the Change Orders Nos. 1
through 3 to increase the contract with Loggins Construction
Company (new stadium) for a total value of $22,173 be approved
and the Chairman of the Board authorized to sign the change orders.
72-77
Upon motion of Regent Gray, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that Change Order No. 1 to add
$7,882 to the Allen M. Campbell Company contract for the construc
tion of the Library be approved and the Chairman of the Board
authorized to sign the change order.
72-78
Upon motion of Regent Maness, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the bid of 3.559% by the First
National Bank of Fort Worth for the Universities of the State of
Texas State ad valorem Tax Bonds, series of 1972--Stephen F. Austin
State University--$3,485,000 be accepted, as follows:
CERTIFICATE FOR
RESOLUTION AUTHORIZING THE ISSUANCE OF THE UNIVERSITIES OF THE
STATE OF TEXAS STATE AD VALOREM TAX BONDS, SERIES 1972 - STEPHEN
F. AUSTIN STATE UNIVERSITY - $3,485,000.00.
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of
Stephen F. Austin State University, hereby certify as follows:
1. That the Board of Regents of said University convened
in REGULAR MEETING ON THE 15TH DAY OF APRIL, 1972, at the regular
designated meeting place, and the roll was called of the duly con
stituted officers and members of said Board of Regents, to-wit:
R. E. McGee, Chairman Douglas Bergman
Joe Bob Golden, Vice Chairman Roy Maness
James I. Perkins Sam Tanner
Lera Thomas Walter C. Todd
Robert C. Gray Charles G. Haas, Secretary
and all of said persons were present, except the following absentees:
(None) ,
thus consituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written RESOLUTION
AUTHORIZING THE ISSUANCE OF THE UNIVERSITIES OF THE STATE OF TEXAS
STATE AD VALOREM TAX BONDS, SERIES 1972 - STEPHEN F. AUSTIN STATE
UNIVERSITY - $3,485,000.00, was duly introduced for the consideration
12-62
63
of said Board of Regents and read in full. It was then duly moved
and seconded that said Resolution be passed, and, after due discussion,
said motion, carrying with it the passage of said Resolution, pre
vailed and carried by the following vote, to-wit:
AYES: All members of said Board of Regents
shown present above voted "Aye".
NOES: None.
2. That a true, full, and correct copy of the aforesaid
Resolution passed at the meeting described in the above and foregoing
paragraph is attached to and follows this Certificate; that said
Resolution has been duly recorded in said Board of Regents minutes
of said meeting; that the above and foregoing paragraph is a true,
full, and correct excerpt from said Board of Regents minutes of said
meeting pertaining to the passage of said Resolution; that the persons
named in the above and foregoing paragraph are the duly chosen,
qualified and acting officers and members of said Board of Regents
as indicated therein; that each of the officers and members of said
Board of Regents was duly and sufficiently notified, officially and
personally, in advance, of the time, place, and purpose of the afore
said meeting, and that said Resolution would be introduced and con
sidered for passage at said meeting; and each of said officers and
members consented, in advance, to the holding of said meeting for such
purpose; and that said meeting was open to the public as required by
law and public notice of the time, place, and purpose of said meeting
was given, all as required by Vernon's Ann. Civ. St., Article 6252-17.
3. That the Chairman of the Board of Regents has approved,
and hereby approves, the aforesaid Resolution; that the Chairman and
Secretary of said Board of Regents have duly signed said Resolution;
and that the Chairman and Secretary of said Board of Regents hereby
declare that their signing of this Certificate shall constitute their
signing of the attached and following copy of said Resolution for all
purposes.
SIGNED AND SEALED this the 15 day of April, 1972.
/s/ C. G. Haas /s/ R. E. McGee
Secretary, Board of Regents, Chairman, Board of Regents,
Stephen F. Austin State Stephen F. Austin State
University. University.
(SEAL)
12-63
64
RESOLUTION
BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN
STATE UNIVERSITY AUTHORIZING THE ISSUANCE OF
ITS UNIVERSITIES OF THE STATE OF TEXAS STATE
AD VALOREM TAX BONDS, SERIES 1972, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $3,485,000,
BEARING INTEREST AS HEREINAFTER SET FORTH AND
MATURING AS HEREINAFTER PRESCRIBED, TO PROVIDE
FUNDS FOR THE PURPOSE OF REFUNDING PART OF ITS
COLLEGES OF THE STATE OF TEXAS CONSTITUTIONAL
TAX BONDS, SERIES 1966, SERIES 1967-A AND
SERIES 1968 AND FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING AND INITIALLY EQUIPPING BUILDINGS
AND OTHER PERMANENT IMPROVEMENTS AT STEPHEN F.
AUSTIN STATE UNIVERSITY, PRESCRIBING THE FORM
OF THE BONDS, PLEDGING TO THE PAYMENT OF THE
INTEREST AND PRINCIPAL THEREOF THAT PART OF THE
MONEY ALLOCATED TO SUCH INSTITUTION FROM THE
CONTINUING TAX LEVIED BY THE CONSTITUTION UNDER
ARTICLE VII, SECTION 17, AS AMENDED, PROVIDING
FOR THE EXECUTION AND DELIVERY OF SAID BONDS AND
PRESCRIBING THE DUTIES OF THE OFFICERS OF SAID
BOARD AND OF THE STATE IN REFERENCE THERETO, AND
MAKING CERTAIN COVENANTS WITH RESPECT TO SECURING
PAYMENT OF SAID BONDS AND INTEREST.
WHEREAS, by adoption at the general election held in the
State of Texas on November 2, 1965, Section 17 of Article VII of the
Constitution of Texas was amended as a whole (hereinafter sometimes
called the Constitutional Provision11); and
WHEREAS, the Constitutional Provision is self-enacting
and has continued an ad valorem tax on all of the taxable property
in the State of Texas at an increased rate of Ten (10<<</
the $100.00 valuation, and authorizes the proceeds of the tax to
be pledged to pay the principal of and interest on the bonds issued
pursuant thereto; and
WHEREAS, such tax levy became effective as of January 1,
1966, and will remain effective for taxes which have and will become
due and payable in each year for a twelve year period beginning
January 1, 1966, and for each successive ten year period thereafter; and
12-64 •
65
WHEREAS, the Constitutional Provision provides for an
allocation of proceeds of such tax for the twelve year period
commencing January 1, 1966, among the seventeen designated
state supported institutions of higher learning (hereinafter
sometimes called MEligible Institutions") and has authorized the
governing board of each of the Eligible Institutions to pledge
any part of the fund allocated to it to pay the principal of and
interest on bonds; and
WHEREAS, the Constitutional Provision requires the
Comptroller of Public Accounts of the State of Texas to make the
allocation of the funds to the Eligible Institutions to be raised
by such tax for the twelve year period beginning January 1, 1966,
85% of such funds to be allocated on June 1, 1966; and 15% to be
allocated on June 1, 1972; and
WHEREAS, the Constitutional Provision requires that the
Comptroller of Public Accounts of the State of Texas make the June
1, 1966 allocation (85%) based on the following determinations:
M(l) Ninety per cent (90%) of the funds allocated on
June 1, 1966, shall be allocated to state institutions based
on projected enrollment increases published by the Coordinating
Board, Texas College and University System for fall 1966 to
fall 1978;
ff(2) Ten per cent (10%) of the funds allocated on June 1,
1966, shall be allocated to certain of the eligible state
institutions based on the number of additional square feet
needed in education and general facilities by such eligible
state institution to meet the average square feet per full time
equivalent student of all state senior institutions (currently
numbering twenty-two);"
and
WHEREAS, such determinations have been made by the Coordinating
Board; and
WHEREAS, the Comptroller has made the June 1, 1966 allocation
as required by the Constitutional Provision; and
WHEREAS, of the total funds thus allocated on June 1, 1966,
for the twelve year period, Stephen F. Austin State University (herein
defined and referred to as the "University11) is to receive 4.48300%; and
WHEREAS, the assessed valuation of property in the State of
Texas (less homestead exemptions) subject to such levy in accordance
with the approved tax rolls, together with the Comptroller's official
estimates of valuations for each year of the twelve year period, and
12-65
66
the figures representing the June 1, 1966 allocation among the Eligible
Institutions afford a basis for estimating the amount of money to be
received by the University under such tax levy for each of the years
of the said twelve year period; and
WHEREAS, the Board of Regents of the State Senior Colleges
authorized the issuance and sold its Colleges of the State of Texas
Constitutional Tax Bonds - State Senior Colleges (for and on behalf
of Stephen F. Austin State University), Series 1966, Series 1967-A
and Series 1968, of which there will remain outstanding and unpaid,
after September 1, 1972 the aggregate principal amount of $2,535,000; and
WHEREAS, all of such outstanding bonds are callable for
redemption on September 1, 1972; and
WHEREAS, concurrently herewith this Board has called such
bonds for redemption in accordance with their terms and the law
applicable thereto, Article 717k, V.A.C.S., and has provided for the
payment of principal of such bonds called, the premium thereon and
the interest to date of redemption; and
WHEREAS, of the outstanding bonds being called for redemption,
$1,715,000 in principal amount of such bonds will be refunded; and
WHEREAS, it has been and is hereby determined to be to the
best interest of the University that the bonds herein authorized payable
from its allocated fund be issued at this time and that action necessary
for the issuance thereof be taken by this Board;
BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN
STATE UNIVERSITY:
1- The Bonds. That in order to provide funds for the
purpose of refunding Colleges of the State of Texas Constitutional
Tax Bonds - State Senior Colleges (issued for and on behalf of
Stephen F. Austin State University), in the principal amount of
$1,715,000, and for the purpose of acquiring, constructing and
initially equipping buildings and other permanent improvements at
Stephen F. Austin State University, bonds are hereby authorized
to be issued known as "Universities of the State of Texas State
Ad Valorem Tax Bonds, Series 1972 - Stephen F. Austin State University,"
in the aggregate principal amount of Three Million Four Hundred Eighty
Five Thousand Dollars ($3,485,000), in the denomination of Five
Thousand Dollars ($5,000) each, and numbered from One (1) through
Six Hundred Ninety Seven (697) (hereinafter referred to as the "Bonds").
2. Bonds of Issue on Parity. That no one of said Bonds
shall be entitled to priority over any other Bond of this issue in the
application of the money in the allocated fund which has been pledged
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to the payment of the principal of and interest on the Bonds, irrespective
of the fact that some of the Bonds may be delivered prior to the delivery
of other Bonds, it being the intent of this resolution that all Bonds
of this issue shall rank equally.
3* Date of Bonds; Maturity Schedule. That the Bonds shall
be dated May 1, 1972, and shall become due and payable on September 1
in each of the years and in the amounts as follows:
AMOUNTS
$445,000
495,000
545,000
AMOUNTS
$605,000
665,000
730,000
Interest Rates. That the Bonds shall bear interest at
the following rates:
all bonds scheduled to mature during
the year 1973 through ---
all bonds scheduled to mature during
the year 1974 through ---
all bonds scheduled to mature during
the year 1975 through ---
all bonds scheduled to mature during
the year 1976 through —
all bonds scheduled to mature during
the year 1977 through ---
all bonds scheduled to mature during
the year 1978 through ---
4.00% per annum;
3.20% per annum;
3.20% per annum;
3.40% per annum;
3.60% per annum;
3.30% per annum;
with said interest to be evidenced by interest coupons payable on March
1, 1973 and semi-annually thereafter on each September 1 and March 1.
5. Banks of Payment. That the principal of and the interest
on the Bonds shall be payable, without exchange or collection charges
to the owner or holder thereof, at First National Bank in Dallas,
Dallas, Texas (hereinafter called the "Principal Bank of Payment"), or,
at the option of the holder, at Manufactures Hanover Trust Company,
New York, New York (herein collectively called "Banks of Payment"),
in lawful money of the United States of America upon surrender of
proper Bond or coupon.
6. Execution of Bonds and Coupons. That each of said Bonds
and interest coupons shall be signed by the imprinted or lithographed
facsimile signature of the Presiding Officer and countersigned by the
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imprinted or lithographed facsimile signature of the Secretary of the
Board, and the official seal of said Board shall be impressed, printed
or lithographed on each of said Bonds.
7. Negotiability. That nothing contained in the Bonds or
in this resolution shall affect or impair the negotiability of the
Bonds or the coupons thereto appertaining, and said Bonds and coupons
shall constitute negotiable instruments within the meaning of the
Negotiable Instruments Acts of the State of Texas.
8. Form of Bonds. That the form of the Bonds shall be
substantially as follows:
N0- $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
UNIVERSITIES OF THE STATE OF TEXAS
STATE AD VALOREM TAX BOND
SERIES 1972
STEPHEN F. AUSTIN STATE UNIVERSITY
For value received the Board of Regents of Stephen F. Austin
State University, an agency of the State of Texas, and as authorized
by the Constitution of the State of Texas, hereby acknowledges itself
indebted to and promises to pay out of the proceeds of the ad valorem
tax herein described to the bearer, on the 1st day of September, 19 ,
the sum of
FIVE THOUSAND DOLLARS
with interest thereon from the date hereof at the rate of ( %)
per cent per annum, until the principal amount of this bond shall have"
been paid, payable March 1, 1973, and semi-annually thereafter on
September 1 and March 1 of each year. Both principal and interest
shall be payable in lawful money of the United States of America upon
presentation and surrender of proper bond or coupon at First National
Bank in Dallas, Dallas, Texas, or, at the option of the holder at
Manufacturers Hanover Trust Company, New York, New York, without exchange
or collection charges to the owner or the holder thereof.
This bond is one of a series of bonds (hereinafter sometimes
called the "Bonds") of like tenor and effect except as to number,
maturity and interest rate, numbered from One (1) through Six Hundred
Ninety Seven (697), aggregating Three Million Four Hundred Eighty Five
Thousand Dollars ($3,485,000), issued for the purpose of refunding
Colleges of the State of Texas Constitutional Tax Bonds - State Senior
Colleges (issued for and on behalf of Stephen F. Austin State University)
in the principal amount of $1,715,000 and for the purpose of acquiring,
constructing and initially equipping buildings and other permanent
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69
improvements at Stephen F. Austin State University, Nacogdoches, Texas,
in accordance with the provisions of Section 17, of Article VII, as
amended, of the Constitution of Texas, and pursuant to the resolution
authorizing the issuance of the series of Bonds of which this is one,
adopted by the Board of Regents of Stephen F. Austin State University,
duly of record in the minutes of said Board (herein called the MResolutionff)
The date of this Bond in conformity with the Resolution is
May 1, 1972.
The bonds of which this is one are secured by a pledge of
that part allocated to Stephen F. Austin State University of the proceeds
of a continuing tax on all of the taxable property in the State levied by
Section 17 of Article VII of the Constitution, as amended on November 2,
1965, accumulated and held in the State Treasury to be used solely to
pay the principal of and interest on the Bonds, and additional parity
bonds herein mentioned. The levy of such tax supporting the Bonds and
the pledge thereof will remain effective so long as any of the Bonds
is outstanding and unpaid.
The Board reserves the right to issue additional parity bonds
under the terms and conditions stated in the Resolution authorizing this
Bond and the series of which it is a part, and said Bonds may be made
payable from the same source, secured in the same manner and placed on
a parity with this Bond and the series of which it is a part.
Each successive holder of this Bond, and each successive
holder of each of the coupons hereto attached, is conclusively presumed
to forego and renounce his equities in favor of subsequent holders for
value without notice, and to agree that this Bond and each of the
coupons hereto attached, may be negotiated by delivery by any person
having possession thereof, howsoever such possession may have been
acquired, and that any holder who shall have taken this Bond or any
of the coupons from any person for value without notice, thereby has
acquired absolute title thereto, free from any defenses enforceable
against any prior holder and free from all equities and claims of
ownership of any such prior holder. The Board and the Banks of Payment
shall not be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions
and things required to be done precedent to and in the issuance of this
Bond and the series of which it is a part have been properly done, have
happened and been performed in regular and due time, form and manner
as required by the Constitution and laws of the State of Texas, and
the proceedings hereinabove mentioned, and that this issue of Bonds
does not exceed any constitutional or statutory limitations and that
provision has been made for the payment of the principal of and interest
on this Bond and the series of which it is a part by irrevocably pledging
the allocated proceeds of the continuing ad valorem tax hereinabove
mentioned.
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IN WITNESS WHEREOF, the Board of Regents of Stephen F.
Austin State University has caused the official seal of said Board
to be impressed, printed or lithographed hereon and has caused this
Bond and the interest coupons attached hereto to be executed by the
imprinted facsimile signature of the Chairman of the Board and the
Secretary of the Board.
BOARD OF REGENTS OF STEPHEN F.
AUSTIN STATE UNIVERSITY
By
Chairman
ATTEST:
Secretary
9. Form of Coupon. That the form of coupon for the Bonds
shall be substantially as follows:
NO. $
011 the day of , 19 , the Board of Regents of
Stephen F. Austin State University promises to pay to bearer without
exchange or collection charges to the owner or holder hereof, out of
the allocated proceeds of the ad valorem tax described in the Bond
to which this coupon is attached the sum of ($ )
Dollars in lawful money of the United States of America at First National
Bank in Dallas, Dallas, Texas, or, at the option of the holder at
Manufacturers Hanover Trust Company, New York, New York, being the
interest then due on its Universities of the State of Texas State Ad
Valorem Tax Bonds, Series 1972 - Stephen F. Austin State University,
dated May 1, 1972. NO.
Secretary Chairman
10- Comptroller's Certificate. That the form of Comptroller's
Certificate which shall be printed on the back of each of the Bonds
shall be substantially as follows:
OFFICE OF COMPTROLLER :
REGISTER NO.
STATE OF TEXAS
I HEREBY CERTIFY that there is on file and of record in my
office a certificate of the Attorney General of the State of Texas
to the effect that this Bond has been examined by him as required by
Section 17 of Article VII of the Constitution, as amended, and that
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he finds that it has been issued in conformity with the Constitution
and laws of the State of Texas and that it is a valid and binding
obligation payable from the proceeds of the State ad valorem tax
pledged to its payment by and in the Resolution of said Board of
Regents of Stephen F. Austin State University, an educational in
stitution belonging to the State of Texas duly constituted under
authority of law authorizing same and said Bond has this day been
registered by me.
WITNESS MY HAND and seal of office at Austin, Texas.
Comptroller of Public Accounts of
the State of Texas
(SEAL)
11. Definitions. That throughout this Resolution, in the
bond form prescribed herein and in the Bonds authorized hereby, the
following terms and expressions as used herein shall have the meanings
set forth, to-wit:
The term Additional BondsM shall refer to the additional
parity bonds that are permitted to be issued by Section 12;
The term "Board" shall refer to the Board of Regents of
Stephen F. Austin State University;
The term "Bonds" shall refer to the bonds authorized to be
issued under the provisions of this resolution;
The term "Comptroller" shall refer to the Comptroller of
Public Accounts of the State of Texas;
The term "Constitutional Provision" shall mean Article VII,
Section 17 of the Constitution of Texas as amended November 2, 1965;
The term "Eligible Institutions" shall mean the seventeen
state supported institutions of higher learning designated as those
institutions to receive allocated proceeds from the tax levied by the
Constitutional Provision;
The term "Interest and Sinking Fund" shall mean the fund
established for the University in the State Treasury pursuant to the
terms of the resolution authorizing the issuance of the Series 1966
Bonds, and further described in Section 13 hereof;
The term "Presiding Officer" shall mean the officer designated
by law to preside over the Board;
The term "Resolution" shall mean this resolution authorizing
the Bonds;
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The term "Series 1966 Bonds'1 shall refer to Colleges of the
State of Texas Constitutional Tax Bonds, Series 1966 - State Senior
Colleges (issued for and on behalf of Stephen F. Austin State University);
The term "University" shall refer to Stephen F. Austin State
University.
12. Findings, Pledge of Payment, Additional Bonds, That
official recognition is hereby given to these facts:
(a) That Section 17 of Article VII of the Constitution, as
amended in 1965 (the "Constitutional Provision") has levied a continuing
ad valorem tax on all taxable property in the State of Texas, at the
rate of Ten (10*) Cents on the One Hundred Dollars ($100.00) of valuation;
(b) That such tax has been effective since January 1, 1966
and will remain effective so long as any of the Bonds is outstanding
and unpaid;
(c) That as and when the proceeds from such tax levy are
received by the Comptroller the net amounts realized therefrom (in
cluding the portion thereof allocated to the University) are deposited
in the State Treasury to be held for the purposes set forth in the
Constitutional Provision;
(d) That the Comptroller on June 1, 1966 allocated among the
Eligible Institutions 85% of the said tax to be received for the
twelve year period beginning January 1, 1966; and will on June 1, 1972
allocate among the Eligible Institutions the remaining 15% of the said
tax for the said twelve year period, all in accordance with the Con
stitutional Provision.
(e) That it is the duty of the Comptroller to draw all
necessary and proper warrants upon the State Treasury to effectuate
the pledge of such money made in this Resolution and to facilitate
payment of the Bonds, the Additional Bonds and the interest thereon; and
(f) That while such tax will remain effective so long as
any of the Bonds or the Additional Bonds is outstanding and unpaid, the
Board must arrange the installment maturities of the Bonds and the
Additional Bonds and make its pledge of the taxes allocated to the
Institution so that the Bonds and Additional Bonds will be actually
retired out of taxes collected from assessments made during the twelve
year period beginning January 1, 1966.
Accordingly, the Board irrevocably pledges to the payment
of the principal of and interest on the Bonds the following:
(1) All of the money now in the State Treasury to the credit
of the University, realized from the collection of the continuing tax
levied by the Constitutional Provision and not required to pay the
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principal of and the interest on the outstanding bonds payable therefrom,
together with the premium payable thereon, being called for redemption on
September 1, 1972;
C2) All of the proceeds from such continuing tax to which
it is entitled levied for each of the years 1966 to 1977, both inclusive,
and allocated June 1, 1966 by the Comptroller, which tax according to
law becomes due on October 1 of each of said years;
(3) In the event that any of the Bonds or any interest thereon
remains outstanding and unpaid on the date the last of the Bonds is
scheduled to mature, and in the event the Interest and Sinking Fund,
created by Section 12 hereof shall then contain insufficient money to
pay all of such principal and interest and the expense incidental to
the making of such payments, to the extent of such deficiency, the
proceeds from such continuing tax to which the University may be entitled
under the allocation made by the Comptroller on June 1, 1966 or additional
allocations or reallocation arrangements then in effect are pledged and
such pledge shall remain effective until the Bonds shall have been paid
in full with interest thereon; but when full provision shall have been
made for the final payment of the Bonds by depositing money sufficient
for the purpose in the Interest and Sinking Fund, the obligation under
this sub-section (2) will have been fully satisfied and the pledge will
have been released; and
(4) The money pledged to the payment of the Bonds and to
defray the expense incident to such payments so long as any of such
bonds or interest thereon is outstanding and unpaid. After full provision
shall have been made by accumulating in the Interest and Sinking Fund
sufficient money to pay all of such Bonds and interest calculated
thereon to maturity, the Board reserves the right to use money in excess
thereof for such purposes as may be permitted under the Constitutional
Provision.
Provided, however, the Board reserves and shall have the right and power
to issue pursuant to the Constitutional Provision additional parity
bonds in one or more series, (herein defined as ''Additional Bonds11)
which Additional Bonds, when issued, shall be secured by and payable
from the Ten (10<fr) Cent tax levied by the Constitutional Provision for
the twelve year period beginning January 1, 1966, and allocated to
the University, in the same manner and to the same extent as the Bonds,
and the Additional Bonds permitted by this Section 12, when issued,
shall be in all respects of equal dignity and on a parity with the
Bonds whether payable in whole or in part from the allocation made
by the Comptroller on June 1, 1966, or to be made by the Comptroller
on June 1, 1972. Provided, further, that Additional Bonds will not
be issued in an aggregate principal amount that will cause the total
amount required for the payment of the principal of and interest on
the Bonds and the Additional Bonds in any year to be more than 85%
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of the amount of such taxes allocated to the University and officially
estimated by the Comptroller of Public Accounts to be collected in such
year for the credit of the Interest and Sinking Fund.
13. Interest and Sinking Fund. That (a) the Treasurer
of the State of Texas pursuant to the provisions of the resolution
authorizing the Series 1966 Bonds established in the State Treasury
a fund known as State Senior Colleges Constitutional Tax Bonds Interest
and Sinking Fund (herein defined and referred to as the ffInterest and
Sinking Fund11);
(b) As received into the State Treasury the said allocated
money of the University shall be credited to the Interest and Sinking
Fund in the manner and to be held in accordance with the pledge con
tained in Section 12 hereof.
14. Procedure for Remitting to Banks of Payment. That
(a) In accordance with the requirements of the Constitutional
Provision that "The State Comptroller of Public Accounts shall draw
all necessary and proper warrants upon the State Treasury, in order to
carry out the purpose of this amendment,M to the end that money will
be available at the Banks of Payment in ample time to pay the principal
of and interest on the Bonds, as such principal and interest, respectively,
matures and comes due, the Comptroller of Public Accounts of the State
of Texas, on or before February 15, 1973, and on or before August 15
and February 15 of each year while any of the Bonds is outstanding and
unpaid, shall draw a warrant against the Interest and Sinking Fund in
the amount of the interest or interest and principal (when both are
scheduled to mature) which will become due on the September 1 or March
1 next following. The amount of each such warrant shall be increased
by the amount of the charges of the Banks of Payment for making payment
of the Bonds or coupons or both Bonds and coupons scheduled to mature
in each such instance. Within the discretion of the Comptroller of
Public Accounts he may draw a separate warrant for the payment of such
charges.
(b) Each such warrant shall be made payable to the order of
the Principal Bank of Payment specified in Section 5 above, and the
Comptroller of Public Accounts shall deliver such warrant to the payee
Bank;
(c) The Principal Bank of Payment shall, out of moneys
remitted to it under the provisions of this Section 14, and not
otherwise, make available at the other Bank of Payment specified
in Section 5 hereof, funds sufficient to pay such of the Bonds,
and such of the coupons as are presented for payment at such bank
and the Principal Bank of Payment. The Principal Bank of Payment
agrees and is obligated to perform such service.
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15. Enforcement of Rights of Bondholders. That all
rights available to the holders of the Bonds under the Constitution
and laws of the State, by suit for mandamus or otherwise, to compel
the performance of their official duties by the Board, its officers,
the officers of counties, or the officers of the State to the end
that the principal of and interest on the Bonds may be timely paid,
are hereby recognized and reserved to and for the holders of the
Bonds and of the appurtenant coupons.
16. Arbitrage Provisions. That the Board covenants that
the proceeds from the sale of the Bonds will be used as soon as
practicable for the purpose for which the Bonds are issued and will
not be used to acquire, or to replace funds which were used directly
or indirectly to acquire, securities (within the meaning of Section
165(g)(2) (A) or (B) of the Internal Revenue Code of 1954, as amended,
(the "Code"), or obligations (other than obligations described in
sub-section (a)(1) of Section 103 of the Code), which produce a yield
which is "materially higher" (within the meaning of sub-section (d)
(2)(A) of Section 103 of the Code) than the yield on the Bonds except
for a temporary period pending such use, to the extent permitted by
Section 103(d)(4)(A) of the Code. The Board further covenants that
such proceeds will not be used directly or indirectly so as to cause
all or any part of the Bonds to be or become "arbitrage bonds" within
the meaning of Section 103 (d) of the Internal Revenue Code of 1954,
as amended.
17. Confirmation of Sale of Bonds. That the sale of the
Bonds to First National Bank of Fort Worth, Texas, at a price of par
and accrued interest to date of delivery, plus a premium of $356.12
be and the same is hereby confirmed.
18. Custody and Delivery of Bonds. That the Presiding
Officer is hereby authorized to have control of the Bonds and all
necessary records and proceedings pertaining to the Bonds pending their
delivery and their investigation, examination, and approval by the
Attorney General of the State of Texas, and their registration by the
Comptroller of Public Accounts of the State of Texas. Upon registration
of the Bonds, said Comptroller of Public Accounts (or a deputy designated
in writing to act for said Comptroller) shall manually sign the Com
ptroller's Registration Certificate printed and endorsed on each of the
Bonds, and the seal of said Comptroller shall be impressed, or placed
in facsimile, on each of the Bonds.
19. That the proceeds of the sale, exclusive of accrued
interest (and premium if any), of Bonds Numbers 1 to 343, inclusive,
aggregating $1,715,000, shall be deposited with the State Treasurer
to be remitted to the Republic National Bank of Dallas for the payment
of the principal of a like amount of the outstanding bonds being called
for redemption on September 1, 1972, all in accordance with Article 717k,
V.A.C.S. Such Bonds being refunded being more particularly described as
follows, to-wit:
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Series 1966 Bonds, dated September 1, 1966
maturing 9-1-75 - $ 315,000
maturing 9-1-76 - 350.00
Series 1967-A Bonds, dated September 1, 1967
maturing 9-1-76 - $ 85,000
maturing 9-1-77 - 360,000
Series 1968 Bonds, dated September 1, 1968
maturing 9-1-77 - $ 105,000
maturing 9-1-78 - 500,000
20. That the Comptroller of Public Accounts is hereby instructed
to remit to the State Treasurer to be remitted to the Republic National
Bank of Dallas sufficient monies held in the Interest and Sinking Fund
which together with the proceeds of Bonds Numbers 1 to 343, inclusive,
shall be sufficient to pay the principal of, the premium due thereon, and
interest accrued to date of redemption on September 1, 1972, and
the principal of and the interest accrued to September 1, 1972 on all
of the outstanding bonds maturing on such date, all in accordance with
Article 717k, V.A.C.S.
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72-79
Upon motion of Regent Maness, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the Resolution calling the
outstanding Constitutional Tax Bonds for redemption be approved, as
follows:
CERTIFICATE FOR
RESOLUTION CALLING BONDS FOR REDEMPTION
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of
Stephen F. Austin State University, hereby certify as follows:
1. That the Board of Regents of said University convened
in REGULAR MEETING ON THE 15TH DAY OF APRIL, 1972, at the regular
designated meeting place, and the roll was called of the duly con
stituted officers and members of said Board of Regents, to-wit:
R. E. McGee, Chairman Douglas Bergman
Joe Bob Golden, Vice Chairman Roy Maness
James I. Perkins Sam Tanner
Lera Thomas Walter C. Todd
Robert C. Gray Charles G. Haas, Secretary
and all of said persons were present, except the following absentees:
(None)
thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written
RESOLUTION CALLING BONDS FOR REDEMPTION
was duly introduced for the consideration of said Board of Regents
and read in full. It was then duly moved and seconded that said
Resolution be passed, and, after due discussion, said motion, carrying
with it the passage of said Resolution, prevailed and carried by the
following vote, to-wit:
AYES: All members of said Board of Regents
shown present above voted MAye?\
NOES: None.
2. That a true, full, and correct copy of the aforesaid
Resolution passed at the meeting described in the above and foregoing
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78
paragraph is attached to and follows this Certificate; that said
Resolution has been duly recorded in said Board of Regents minutes
of said meeting; that the above and foregoing paragraph is a true,
full, and correct excerpt from said Board of Regents minutes of
said meeting pertaining to the passage of said Resolution; that
the persons named in the above and foregoing paragraph are the
duly chosen, qualified and acting officers and members of said
Board of Regents as indicated therein; that each of the officers
and members of said Board of Regents was duly and sufficiently
notified, officially and personally, in advance, of the time, place,
and purpose of the aforesaid meeting, and that said Resolution would
be introduced and considered for passage at said meeting; and each
of said officers and members consented, in advance, to the holding
of said meeting for such purpose; and that said meeting was open
to the public as required by law and public notice of the time, place,
and purpose of said meeting was given, all as required by Vernonfs
Ann. Civ. St., Article 6252-17.
3. That the Chairman of the Board of Regents has
approved, and hereby approves, the aforesaid Resolution; that the
Chairman and Secretary of said Board of Regents have duly signed
said Resolution; and that the Chairman and Secretary of said Board
of Regents hereby declare that their signing of this Certificate
shall constitute their signing of the attached and following copy
of said Resolution for all purposes.
SIGNED AND SEALED this the 15 day of April, 1972.
/s/ C. G. Haas
Secretary, Board of Regents
Stephen F. Austin State
University.
/s/ R. E. McGee
Chairman, Board of Regents,
Stephen F. Austin State
University.
(SEAL)
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RESOLUTION CALLING BONDS FOR REDEMPTION
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
WHEREAS, the following bonds of Stephen F. Austin State
University are presently outstanding, and will mature on September
1, 1973, and thereafter:
(a) Colleges of the State of Texas Constitutional Tax
Bonds, Series 1966 - State Senior Colleges - dated
September 1, 1966 - Bonds Numbers 238 through 520,
in the denomination of $5,000 each, bearing interest
at the rate of 4% per annum;
(b) Colleges of the State of Texas Constitutional Tax
Bonds, Series 1967-A - State Senior Colleges - dated
September 1, 1967, as follows:
maturities 1976 - Bonds Numbers 56 through 72;
maturities 1977 - Bonds Numbers 326 through 397;
in the denomination of $5,000 each, bearing
interest at the rate of 4% per annum;
(c) Colleges of the State of Texas Constitutional
Tax Bonds, Series 1968 - State Senior Colleges -
dated September 1, 1968, as follows:
maturities 1973
maturities 1974
maturities 1975
maturities
maturities
1977
1978
Bonds Numbers 107 through 110;
Bonds Numbers 133 through 137;
Bonds Numbers 161 through 165;
Bonds Numbers 247 through 267;
Bonds Numbers 569 through 668;
in the denomination of $5,000 each, bearing
interest at the following rates, to-wit:
maturities 1973 through 1976 - 4% per annum
maturities 1977, - 3.90% per annum;
maturities 1978, - 3.80% per annum;
hereinafter called the f'Outstanding Bonds1'; and
WHEREAS, the Outstanding Bonds maturing on September 1, 1973,
and thereafter, are subject to redemption on September 1, 1972, upon
payment of par and accrued interest to the date of redemption, plus a
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premium of 2% of the principal amount of each bond so called for
redemption; and
WHEREAS, it is hereby officially found and determined
that a case of emergency or urgent public necessity exists which
requires the holding of the meeting at which this Resolution is
passed, such emergency or urgent public necessity being that the
redemption of said Outstanding Bonds prior to their scheduled
maturity is required as soon as possible and without delay; and
that said meeting was open to the public and public notice of
the time, place, and purpose of said meeting was given, all as
required by Vernonfs Ann. Civ. St., Article 6252-17.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS
OF STEPHEN F. AUSTIN STATE UNIVERSITY:
1. That the Outstanding Bonds described in the preamble
hereof are hereby called for redemption on September 1, 1972, at
the Republic National Bank of Dallas, Dallas, Texas, or, at the
option of the holder of the Outstanding Bonds, at the First National
City Bank, New York, New York, or, at the First National Bank of
Chicago, Chicago, Illinois, hereinafter called the HBanks of
Payment".
2. That prior to September 1, 1972, funds shall be
placed in the Banks of Payment sufficient to pay par or principal
amount of said Outstanding Bonds called for redemption and accrued
interest to the date of redemption, plus a premium of 2% of the
principal amount of the Outstanding Bonds so called for redemption.
3. That an appropriate written Notice of Redemption of
said Bonds shall:
(a) be published in a financial publication printed in
the English language in the City of New York, New York,
at least once not less than 30 days before the date fixed
for such redemption; and
(b) be mailed to the Banks of Payment not less than 30
days before September 1, 1972.
4. That the Board does hereby authorize and approve,
ratify and confirm the redemption of the Outstanding Bonds. These
bonds were originally issued by the Board of Regents of the State
Senior Colleges on behalf of this University. The Board of Regents
of the State Senior Colleges and this Board agree to the calling of
the Outstanding Bonds as herein set forth.
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72-80
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following curriculum
items, approved by the University Undergraduate and Graduate Cur
riculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
School Services SSV 325 Psycho-Social Aspects of Blindness
COURSES ADDED: (Graduate Council)
Department and Number
Agriculture 508
HPE 584
Psychology 509
Psychology 514
Psychology 515
Psychology 519
Theatre 535
Theatre 558
Title
Crop and Soil Management
Administration and Supervision of
Multiphase Driver Ed. Programs
Introduction to Clinical Psychology
and Assessment
Advanced Sociol Psychology
Introduction to Psychotherapy
Practicum in Clinical Psychology
and Mental Health
Dramatic Production II
Dramatic Theory and Criticism II
COURSES TO BE REVISED: (Graduate Council)
Department and
Number Title and Credit
Psychology 508
New
No.
508
Hours
Credit
Hours
Credit
3
3
3
3
3
3
Projective Techniques I (3)
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
Psychology 513 Projective Techniques II (3)
New Title and Credit
Projective Techniques (3)
12-81
82
72-81
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that permission be granted to
petition the Coordinating Board to offer a graduate major in Theatre,
a graduate major in Counseling, and a graduate major in Special
Education.
Guests at the meeting were Student Congress President, Bill Owens, and
Secretary, Kay Kittreil. Mr. Owens was invited to give an informal
report of the current mood of the students on campus. His report in
dicated that the students, in general, were well pleased with the
University and the Administration and that these attitudes were reflected
by the students.
Special appreciation was given by the Board members to Dr. Steen and
Mr. Haas for their work with the University.
Regent McGee extended an invitation for the Board to hold their next
regular meeting July 29 in Houston. The invitation was accepted.
There being no further business, the meeting adjourned at twelve o'clock
noon.
C. G. Haas
Secretary
12-82

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MINUTES OF Board of Regents of Stephen F. Austin State University VOLUME NO. 12 APRIL 15, 1972 Minutes of the Meeting of the Board of Regents of Stephen Fo Austin State University held in Nacogdoches, Texas April 15, 1972 VOLUME NO. 12 Page 72-55 Approval of Minutes 12-2 72-56 Election of Board Officers 12-2 72-57 Committee Appointments 12-2 72-58 Election of Summer School Faculty 12-2 72-59 Election of Faculty and Staff 12-2 72-60 Acceptance of Resignations 12-3 72-61 Approval of Changes in Status 12-6 72-62 Approval of Leaves of Absence 12-7 72-63 Approval of Returns from Leave 12-7 72-64 Removal of Name from Faculty and Staff List 12-« 72-65 Approval of Faculty Promotions 12-8 72-66 Acceptance of Retirement 12-13 72-67 Approval of Faculty and Staff Appointments 12-13 72-68 Approval of Mid-Year Budget Adjustments 12-13 72-69 Approval of Contract with Taylor Brothers for Repainting Dorms 10 and 15 12-15 72-70 Approval of Contracts with Honeywell, Inc., and Engineered Air Balance Company for Overhauling Air Conditioning Controls of Dormitory 14 12-28 72-71 Approval of Change Order #1 - Renovation of Swimming Pool 12^54 72-72 Approval to Add Five Street Lights on East College Street between LaNana Creek Bridge and University Drive 12-34 72-73 Approval of Contract with Brenham Roofing and Metal Company to Re-Roof Austin Building 12-34 72-74 Approval of Contract with Exum Company to Refurbish Exterior of Fine Arts Building 12-40 72-75 Approval of Contract with Pigg Construction Company to con struct Art Department Lab Building 12-46 72-76 Approval of Change Orders #1, 2, and 3 (New Stadium) 12-62 72-77 Approval of Change Order #1 (Library) 12-62 72-78 Approval of Sale of Ad Valorem Tax Bonds 12-62 72-79 Approval of Resolution Ordering Redemption of Outstanding 12-77 Ad Valorem Tax Bonds 72-80 Approval of Curriculum Changes 12-81 72-81 Approval for Permission to Petition Coordinating Board 12-82 for New Degrees MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY HELD AT NACOGDOCHES, TEXAS April 15, 1972 The meeting was called to order by R. E. McGee, Chairman of The Board of Regents, at 10:00 a.m., April 15, 1972. PRESENT: PRESENT: Members: Mr. R. E. McGee of Houston Mre Robert C. Gray of Austin Mr. Joe Bob Golden of Jasper Mr. Walter Todd of Dallas Mr. Douglas Bergman of Dallas Mrs. Lera Thomas of Houston Mr. James I. Perkins of Rusk Mr. Roy Maness of Beaumont Mr. Sam Tanner of Beaumont Mr. C. G. Haas of Nacogdoches, Secretary Dr, R. W. Steen, President of the University 72-55 Upon motion of Regent Maness, seconded by Regent Gray, with all Regents voting aye, it was ordered that the minutes of January 29, 1972, and the called meeting of March 7, 1972, be approved. 72-56 Upon motion of Regent Todd, seconded by Regent Thomas, with all Regents voting aye, it was ordered that the Board re-elect the following officers for the year 1972-73: R. E. McGee, Chairman Joe Bob Golden, Vice-Chairman C. G. Haas, Secretary 72-57 Upon motion of Regent Gray, seconded by Regent Todd, with all Regents voting aye, it was ordered that the existing committees continue, including the membership, except the following committees which will be dissolved because they have completed their responsibilities; Committee on Committees Curfew Committee Special Committee (for naming buildings) 72-58 Upon motion of Regent Todd, seconded by Regent Maness, with all Regents voting aye, it was ordered that the 1972 Summer School Faculty Budget as submitted under separate cover be approved. 72-59 Upon motion of Regent Golden, seconded by Regent Bergman, with all Regents voting aye, it was ordered that the following individuals be employed for the positions, dates and salaries indicated: 1. Department of Accounting Mrs. Evelyn Christine Clay, 35, M.B.A. (North Texas State University), Instructor of Accounting at a salary rate of $8,500 for nine months, effective Fall Semester, 1972. 2. Department of English Mrs. Ruth Ann Wilson, 24, M.A. (Stephen F. Austin State University, expected August, 1972), Graduate Interne in English at a salary rate of $5,400 for nine months, effective Fall Semester, 1972. This is a non-renewable temporary nine-months appointment. 3. Department of General Business Mr. Gordon 0. Dodson, Jr., 30, M.B.A. (North Texas State University; Ph.D. expected by July, 1972, from University of Arkansas), Assistant Professor in General Business at a salary rate of $13,500 for nine months; without Ph.D. rank will be Assistant Professor and salary rate will be $11,500 for nine months, effective Fall Semester, 1972. 12-2 Mr. John Harry Lewis, 27, M.B.A. (Texas A£M University), Assistant Professor in General Business at a salary rate of $10,500 for nine months, effective January, 1973. Mr. Conway T. Rucks, 28, M.B.A. (University of Arkansas), Assistant Professor in General Business at a salary rate of $11,500 for nine months, effective Fall Semester, 1972. 4. Department of Geology Mr. Boyd Varnell Dreyer, 31, M.S. (Baylor University), Instructor in Geology at a salary rate of $8,000 for nine months, effective Fall Semester, 1972. 5. Department of Health and Physical Education (Women) Mrs. Marie A. Hunter, 40, M.Ed. (Stephen F. Austin State University), Instructor in Health and Physical Education (Women) at a salary rate of $7,500 for nine months, effective Fall Semester, 1972. 6. Department of Home Economics Mrs. Jareldine Mays, 24, M.S. (Kansas State University), Instructor in Home Economics at a salary rate of $7,500 for nine months, effective Fall Semester, 1972. Dr. Margaret E. Rucker, 59, Ph.D. (Texas Woman's University), Assistant Professor of Home Economics at a salary rate of $13,000 for nine months, effective Fall Semester, 1972. 7. Department of Management Dr. Robert McGlashan, Jr., 37, Ph.D. (University of Texas), Associate Professor of Management at a salary rate of $14,000 for nine months, effective Fall Semester, 1972. 8. Student Life Division Mr. Paul John Novak, 21, Patrolman, Traffic and Security, at a salary rate of $6,000 for twelve months, effective March 1, 1972. 72-60 Upon motion of Regent Tanner, seconded by Regent Bergman, with all Regents voting aye, it was ordered that the following resignations be accepted: 1. Department of Accounting Mr. John W. Coo ley, Instructor of Accounting and Computer Science, effective May 31, 1972. Mr. Cooley resigned to enter a full-time Ph.D. program. 12-3 2. Department of Biology Dr. McHenry L. Stiff, III, Visiting Professor of Biology, effective May 31, 1972. Dr. Stiff completed his temporary appointment. 3. Department of Economics Mr. Frank James Straub, Instructor of Economics, effective May 31, 1972. Mr. Straub plans to return to graduate school. 4. Department of English Mr. John Page Coates, Instructor of English, effective May 31, 1972. Mr. Coates resigned to enter a full-time doctoral program. Mrs. Carolyn Stokes Foster, Instructor of English, effective May 31, 1972. Mrs. Foster completed her temporary appointment. Mrs. Melissa McRee Freeman, Graduate Interne in English, effective May 31, 1972. Mrs. Freeman was appointed on a tem porary, non-renewable contract. Miss Caro Janet Gerber, Instructor of English, effective May 31, 1972. Miss Gerber completed her temporary appointment. Miss Dixie Deanna Lum, Graduate Interne in English, effective May 31, 1972. Miss Lum was appointed on a temporary, non-renewable contract. Mr. Warren Roberts True, Graduate Interne in English, effective May 31, 1972. Mr. True was appointed on a temporary, non-re newable contract. 5. Department of General Business Mr. Thomas D. Rorie, Assistant Professor of General Business, effective May 31, 1972. Mr. Rorie is opening his own law practice. 6. Department of Geography Dr. Dean Hodson, Assistant Professor of Geography, effective May 31, 1972. Dr. Hodson completed his temporary appointment. 7. Department of History Dr. Eleanor Z. Baker, Assistant Professor of History, effective July 15, 1972. Mrs. Baker resigned to accept an appointment in Africa. 12-4 8. Department of Home Economics Mrs. Bernice Smith, Instructor of Home Economics, effective May 31, 1972. Mrs. Smith resigned for personal reasons. 9. Department of Management Mrs. Belva Jones Cooley, Instructor in Management, effective May 31, 1972. Mrs. Cooley resigned to enter a full-time doctoral program. Miss Carolyn Gay Knox, Instructor in Management, effective May 31, 1972. Miss Knox completed her terminal year of employment. 10. Department of Mathematics Mr. Stanley Howard Henderson, Instructor of Mathematics, effective May 31, 1972. Mr. Henderson completed his terminal year of employment. Mr. Ronald E. Mayeaux, Instructor of Mathematics, effective May 31, 1972. Mr. Mayeaux completed his temporary appointment. Mr. John Louis Toups, Instructor of Mathematics, effective May 31, 1972. Mr. Toups completed his temporary appointment. 11. Department of Modern Languages Dr. Rafael Martinez Echeverria, Associate Professor of Modern Languages, effective May 31, 1972. Dr. Echeverria1s immigration status requires that he return to his native country. 12. Department of Music Mr. David Robertson, Assistant Professor of Music, effective May 31, 1972. Mr. Robertson completed his temporary appointment. Mrs. Shirley Rena Watterston, Instructor of Music, effective May 31, 1972. Mrs. Watterson was employed on a one-fourth time basis for the Spring Semester, 1972, only. 13. Department of Sociology Mr. Wallace John DuChateau, Assistant Professor of Sociology, effective May 31, 1972. Mr. DuChateau resigned to complete terminal degree requirements. Mr. Daryl F. McCloskey, Instructor of Sociology, effective May 31, 1972. Mr. McCloskey completed his temporary appointment. 12-5 14. Department of Speech Dr. James Townsend Yauger, Assistant Professor of Speech, effec tive May 31, 1972. Dr. Yauger resigned for personal reasons. 15. Philemon Project Dr. Albert Mitchell, Jr., Staff Specialist for Philemon Project, effective May 31, 1972. Dr. Mitchell has concluded his portion of work with the special project. 16. Student Life Division Mr. Robert Ivan Yandell, Patrolman, Traffic and Security, effective January 20, 1972. Mr. Yandell is seeking another type of employment. 72-61 Upon motion of Regent Maness, seconded by Regent Gray, with all Regents voting aye, it was ordered that the following changes in status be approved: 1. Department of Computer Science Mrs. Camille Cook Price, Instructor of Computer Science, from one-fourth time instructor ($1,125) to full-time instructor C$4,500) for the Spring Semester, 1972. 2. Department of English Dr. John Q. Hays, Professor of English, from full-time ($16,600) to one-third time ($5,478), effective Fall Semester, 1972. Mr. Carroll Robert Schoenewolf, Assistant Professor of English, from full-time ($10,600) to one-quarter time ($1,325) for the Fall Semester, 1972, only. 3. Department of Economics Mr. Jeremiah M. Sullivan, Instructor of Economics, from a salary rate of $9,600 to $10,000 for nine months, an increase of $400 for the Spring Semester, 1972, only. The increase is to cover overload due to death of a faculty member. Dr. Thomas K. Hunter, Associate Professor of Economics, from a salary rate of $13,600 to $14,000 for nine months, an increase of $400 for the Spring Semester, 1972, only. The increase is to cover overload due to death of a faculty member. 12-6 72-62 Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents voting aye, it was ordered that the following leaves of absence be granted: 1. Department of English Mr. William David Whitescarver, Instructor of English, for the academic year 1972-73, in order to continue work toward the Ph.D. degree at Texas Tech. 2. Department of Geology Mrs. Nancy S. Alexander, Instructor of Geology, for the academic year 1972-73, in order to continue work toward the Ph.D. degree at Southern Methodist University. 3. Department of Health and Physical Education (Women) Miss Sandra Sue Cole, Instructor of Health and Physical Education (Women), for the academic year 1972-73, in order to continue work toward the Ph.D. degree at Indiana University. 4. Department of History Dr. Samuel Dewitt Chandler, Assistant Professor of History, for the Fall Semester, 1972. Dr. Chandler has been awarded a Fellowship by the National Endowment for the Humanities for study in Mexico City. 5. Department of Management Mrs. Janelle C. Ashley, Associate Professor of Management, for the Fall Semester, 1972. Mrs. Ashley has requested maternity leave. 6. Department of Mathematics Mr. Ennis Donice McCune, Assistant Professor of Mathematics, for the academic year 1972-73, in order to continue work toward the Ph.D. degree at Texas Tech. 72-63 Upon motion of Regent Tanner, seconded by Regent Thomas, with all Regents voting aye, it was ordered that the following returns from leave be accepted: 1. Department of English Mr. Harry Dale Dawson, Assistant Professor of English, effective Fall Semester, 1972. Mr. Dawson has been attending graduate school. 12-7 8 Mr. Terry Joe Box, Assistant Professor of English, effective Fall Semester, 1972. Mr. Box has been attending graduate school. 2. Department of Elementary Education Mrs. Janice Sue Pattillo, Assistant Professor of Elementary Education, effective Fall Semester, 1972. Mrs. Pattillo has been attending graduate school. 3. Department of Health and Physical Education (Women) Miss Sue Gunter, Assistant Professor of Health and Physical Education (Women), effective Fall Semester, 1972. Miss Gunter has been attending graduate school. 4. Department of Modern Languages Mr. Will Bower Barclay, Assistant Professor of Modern Languages, effective Fall Semester, 1972. Mr. Barclay has been attending graduate school. 5. Department of Music Mr. Gaston Darrell Holt, Assistant Professor of Music, effective Fall Semester, 1972. Mr. Holt has been attending graduate school. Mr. Thomas Michael Houston, Assistant Professor of Music, effective Fall Semester, 1972. Mr. Houston has been attending graduate school. 6. Department of School Services Mrs. Elnita 0. Stanley, Assistant Professor of School Services, effective Fall Semester, 1972. Mrs. Stanley has been attending graduate school. 72-64 Upon motion of Regent Tanner, seconded by Regent Gray, with all Regents voting aye, it was ordered that the following name be removed from the faculty and staff list: 1. Mr. George Ellis Ott, Instructor of Economics, effective March 13, 1972. Mr. Ott died on the evening of March 10, 1972. 72-65 Upon motion of Regent Gray, seconded by Regent Todd, with all Regents voting aye, it was ordered that the following promotions be approved: 12-8 1. Department of Agriculture Dr. Thurman T. Thomas from Assistant Professor to Associate Professor of Agriculture, effective Fall Semester, 1972. Dr. Thomas completed the requirements for promotion and was re commended by the Dean and Department Head. 2. Department of Art Dr. Diane Ford from Assistant Professor to Associate Professor of Art, effective Fall Semester, 1972. Dr. Ford has completed the requirements for promotion and was recommended by the Dean and Department Head. Mr. Charles B. Rees from Assistant Professor to Associate Professor of Art, effective Fall Semester, 1972. Mr. Rees has completed the requirements for promotion and was recommended by the Dean and Department Head. Mr. James R. Snyder from Assistant Professor to Associate Professor of Art, effective Fall Semester, 1972. Mr. Snyder completed the requirements for promotion and was recommended by the Dean and Department Head. 3. Department of Biology Dr. Elray S. Nixon from Associate Professor to Professor of Biology, effective Fall Semester, 1972. Dr. Nixon completed the requirements for promotion and was recommended by the Dean and Department Head. 4. Department of Chemistry Dr. S. S. Naistat from Associate Professor to Professor of Chemistry, effective Fall Semester, 1972. Dr. Naistat completed the requirements for promotion and was recommended by the Dean and Department Head. Dr. Bennie F. Walker from Assistant Professor to Associate Professor of Chemistry, effective Fall Semester, 1972. Dr. Walker completed the requirements for promotion and was re commended by the Dean and Department Head. 5. Department of Economics Dr. E. Dwayne Key from Assistant Professor to Associate Professor of Economics, effective Fall Semester, 1972. Dr. Key completed the requirements for promotion and was recommended by the Dean and Department Head. 12-9 10 6. Department of Elementary Education Dr. Mary H. Appleberry from Assistant Professor to Associate Professor of Elementary Education. Dr. Appleberry completed the requirements for promotion and was recommended by the Dean and Department Head. Mrs. Janice Pattillo from Instructor to Assistant Professor of Elementary Education, effective Fall Semester, 1972. Mrs. Pattillo completed the requirements for promotion and was re commended by the Dean and Department Head. Dr. John T. Thornton, Jr., from Associate Professor to Professor of Elementary Education, effective Fall Semester, 1972. Dr. Thornton completed the requirements for promotion and was recommended by the Dean and Department Head. 7. Department of English and Philosophy Mr. Terry Joe Box from Instructor to Assistant Professor of English, effective Fall Semester, 1972. Mr. Box completed the requirements for promotion and was recommended by the Dean and Department Head. Dr. Leonard Alfred Cheever from Assistant Professor to Associate Professor of English, effective Fall Semester, 1972. Dr. Cheever completed the requirements for promotion and was recommended by the Dean and Department Head. 8. School of Forestry Dr. Jack E. Coster from Assistant Professor to Associate Professor of Forestry, effective Fall Semester, 1972. Dr. Coster completed the requirements for promotion and was recommended by the Dean. Dr. Harry V. Wiant, Jr., from Professor and Assistant to the Dean to Professor and Assistant Dean, effective Fall Semester, 1972. Dr. Wiant has completed the requirements for promotion and was recommended by the Dean. 9. Department of General Business Mr. Norman C. Cox from Instructor to Assistant Professor of General Business, effective Fall Semester, 1972. Mr. Cox has completed the requirements for promotion and was recommended by the Dean and Department Head. 12-10 11 10. Department of Geology Dr. Jerry W. Vincent from Assistant Professor to Associate Professor of Geology, effective Fall Semester, 1972. Dr. Vincent has completed the requirements for promotion and was recommended by the Dean and Department Head. 11. Department of Health and Physical Education (Men) Dr. Ronnie G. Barra from Assistant Professor to Associate Professor of Health and Physical Education (Men), effective Fall Semester, 1972. Dr. Barra has completed the requirements for promotion and was recommended by the Dean and Department Head. Dr. Carl Kight from Associate Professor to Professor of Health and Physical Education (Men), effective Fall Semester, 1972. Dr. Kight has completed the requirements for promotion and was recommended by the Dean. 12. Department of Health and Physical Education (Women) Miss Sue Gunter from Instructor to Assistant Professor of Health and Physical Education (Women), effective Fall Semester, 1972. Miss Gunter completed the requirements for promotion and was recommended by the Dean and Department Head. 13. Department of History Dr. Bobby Johnson from Assistant Professor to Associate Professor of History, effective Fall Semester, 1972. Dr. Johnson completed the requirements for promotion and was re commended by the Dean and Department Head. Dr. Archie P. McDonald from Associate Professor to Professor, of History, effective Fall Semester, 1972. Dr. McDonald com pleted the requirements for promotion and was recommended by the Dean and Department Head. i 14. Department of Home. Economics ,; ' • Mrs. Patsy Spurrier from Instructor to Assistant Professor of Home Economics, effective Fall Semester, 1972. Mrs. Spurrier completed the requirements for promotion and was recommended by the Dean and Department Head. 15. Department of Mathematics Dr. Roy Dean Alston from Assistant Professor to Associate Professor of Mathematics, effective Fall Semester, 1972. Dr. Alston completed the requirements for promotion and was recom mended by the Dean and Department Head. 12-11 12 Dr. Calvin Pascal Barton from Assistant Professor to Associate Professor of Mathematics, effective Fall Semester, 1972. Dr. Barton completed the requirements for promotion and was recommended by the Dean and Department Head. Dr. Robert L. Shepard from Assistant Professor to Associate Professor of Mathematics, effective Fall Semester, 1972. Dr. Shepard completed the requirements for promotion and was recommended by the Dean and Department Head. 16. Department of Modern Languages Mr. Will B. Barclay from Instructor to Assistant Professor of Modern Languages, effective Fall Semester, 1972. Mr. Barclay completed the requirements for promotion and was recommended by the Dean and Department Head. Dr. Albrecht Giese from Assistant Professor to Associate Professor of Modern Languages, effective Fall Semester, 1972. Dr. Giese completed the requirements for promotion and was recommended by the Dean and Department Head. 17. Department of Music Dr. Danny Joe Beaty from Associate Professor to Professor of Music, effective Fall Semester, 1972. Dr. Beaty completed the requirements for promotion and was recommended by the Dean and the Department Head. Dr. Richard A. Coolidge from Associate Professor to Professor of Music, effective Fall Semester, 1972. Dr. Coolidge completed the requirements for promotion and was recommended by the Dean and the Department Head. Dr. Cody Alan Garner from Assistant Professor to Associate Professor of Music, effective Fall Semester, 1972. Dr. Garner completed the requirements for promotion and was recommended by; the Dean and Department Head. 18. Department of Policitical Science Dt'. James G. Dickson, Jr., from Assistant Professor to Associate Professor of Political Science, effective Fall Semester, 1972. Dr. Dickson completed the requirements for promotion and was recommended by the Dean and Department Head. 19. Department of School Services Dr. Thomas Paul White from Associate Professor to Professor of School Services, effective Fall Semester, 1972. Dr. White completed the requirements for promotion and was recommended by the Dean and Department Head. 12-12 13 20. Department of Secondary Education Dr. Bennat C. Mullen from Assistant Professor to Associate Professor of Secondary Education, effective Fall Semester, 1972. Dr. Mullen completed the requirements for promotion and was recommended by the Dean and Department Head. 72-66 Upon motion of Regent Tanner, seconded by Regent Maness, with all Regents voting aye, it was ordered that the following retirement be accepted: 1. School of Sciences and Mathematics Dr. Edwin L. Miller, Dean of the School of Sciences and Mathe matics and Professor of Biology, effective August 31, 1972. 72-67 Upon motion of Regent Todd, seconded by Regent Golden, with all Regents voting aye, it was ordered that the 1972-73 faculty and staff appointments as submitted under separate cover be approved. 72-68 Upon motion of Regent Gray, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the following mid-year budget adjustments be approved: Budget Adjustments for Regents April, 1972 Meeting Increases as Listed Acct. No. Name Purpose An 1026 1028 1150 1204 HPE-Men Home Economics Registrar Building Maint. Various All Dormitories 5120 5020 5180 5670 1950 1080 Misc. Enterprises Athletic Dept. Security & Parking Dormitory 7 Major Repairs Dean of Grad. Sch. Laundry Service $ 1,000.00 Capital Outlay, Furn. & Equip. 3,000.00 I.D. cards for Students 2,000.00 Capital Outlay, Storeroom Shelving 10,000.00 Student Assistants, Additional Hours 14,000.00 Bicycle Racks 8,000.00 Recruiting & Travel, Increases 10,000.00 Vehicle Replacement 2,500.00 Rekeying Locks 3,000.00 Austin Bldg. Renovations 5,000.00 Xerox Services 1 ,000.00 $59,500.00 12-13 14 J971-7Z Budget Adjustment for Operation and Maintenance of Dormitories and Apartments (Increases for Building Maintenance Charges and Telephone Charges rebilled to students through rent) 12-14 15 72-69 Upon motion of Regent Perkins, seconded by Regent Tanner, with all Regents voting aye, it was ordered that a contract with Taylor Brothers (painters) of Lufkin, Texas, for labor and materials at cost plus 15% not to exceed $41,360 for repainting Dorms 10 and 15 be approved and the Chairman of the Board authorized to sign the contract, as follows: 12-15 16 CONTRACT THE STATE OF TEXAS J COUNTY OF NACOGDOCHES I KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT, made this the 15th day of April, 1972, by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its Chairman, hereinafter called MOwner" and TAYLOR BROTHERS, LUFKIN, TEXAS 75901, hereinafter called "Contractor." WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 17. If anything in the General Conditions is inconsistent with this Agreement, the Agreement shall govern. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Repainting Dormitories 10 and 15. 12-16 17 ARTICLE 3 ARCHITECT The Architect for this Project is Kent, Marsellos $ Scott Architects-Engineers Lufkin, Texas ARTICLE 4 THE CONTRACTOR'S DUTIES AND STATUS The Contractor accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and to use his best efforts to furnish at all times an adequate supply of workmen and materials, and to perform the work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the Owner. ARTICLE 5 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced approximately May 15, 1972, and completed by August 19, 1972. ARTICLE 6 COST OF THE WORK AND GUARA^EED MAXIMUM COST 6.1 The Owner agrees to reimburse the Contractor for the Cost of the Work as defined in Article 9. Such reimbursement shall be in addition to the Contractor's Fee stipulated in Article 7. 6.2 The maximum cost to the Owner, including the Cost of the Work and the Contractor's Fee, is guaranteed not to exceed the sum of Forty One Thousand, Three Hundred Sixty and No/100 Dollars ($41,360.00); such Guaranteed Maximum Cost shall be increased or decreased for Changes in the Work as provided in Article 8. 12-17 -2- 18 ARTICLE 7 CONTRACTOR'S FEE 7.1 In consideration of the performance of the Contract, the Owner agrees to pay the Contractor in current funds as compensation for his services a Contractor's Fee as follows: A fixed fee of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) 7.2 For Changes in the Work, the Contractor's Fee shall be adjusted as follows: For changes in the work shown on the drawings add or deduct 15% of the change in cost from the Contractor's Fee. 7.3 The Contractor shall be paid Fifty per cent (50%) of the proportionate amount of his Fee with each progress payment, and the balance of his Fee shall be paid at the time of final payment. ARTICLE 8 CHANGES IN THE WORK 8.1 The Owner may make Changes in the Work in accordance with Article 12 of the General Conditions insofar as such Article is consistent with this Agree-ment. The Contractor shall be reimbursed for Changes in the Work on the basis of Cost of the Work as defined in Article 9. 8.2 The Contractor's Fee for Changes in the Work shall be as set forth in Paragraph 7.2, or in the absence of specific provisions therein, shall be adjusted by negotiation on the basis of the^ Fee established for the original Work. -3- 12-18 19 ARTICLE 9 COSTS TO BE REIMBURSED 9.1 The term Cost of the Work shall mean costs necessarily incurred in the proper performance of the Work and paid by the Contractor. Such costs shall be at rates not higher than the standard paid in the locality of the Work except with prior consent of the Owner, and shall include the items set forth below in this Article 9. 9.1.1 Wages paid for labor in the direct employ of the Contractor in the per formance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Contractor, and including such welfare or other benefits, if any, as may be payable with respect thereto. 9.1.2 Salaries of Contractor's employees ^when stationed at the field office, in whatever capacity employed. 9.1.3 Cost of contributions, assessments or taxes for such items as unem ployment compensation and social security, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Contractor and included in the Cost of the Work under Subparagraphs 9.1.1 and 9.1.2. 9.1.4 The proportion of reasonable transportation, traveling and hotel ex penses of the Contractor or of his officer!; or employees incurred in discharge of duties connected with the Work. 1 9.1.5 Cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof.!« I 9.1.6 Payments made by the Contractor to Subcontractors for Work performed pursuant to subcontracts under this Agreement. 9.1.7 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the -4- 12-19 20 workmen, which are consumed in the performance of the Work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. 9.1.8 Rental charges of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from the Con tractor or others, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. 9.1.9 Cost of premiums for all bonds and insurance which the Contractor is required by the Contract Documents to purchase and maintain. 9.1.10 Sales, use or similar taxes related to the Work and for which the Contractor is liable imposed by any governmental authority. 9.1.11 Permit fees, royalties, damages for infringement of patents and costs of defending suits therefor, and deposits lost for causes other than the Contractor's negligence. 9.1.12 Losses and expenses, not compensated by insurance or otherwise, sustained by the Contractor in connection with the Work, provided they have resulted from causes other than the fault or neglect of the Contractor. Such losses shall include settlements made with the written consent and approval of the Owner. No such losses and expenses shall be included in the Cost of the Work for the purpose of determining the Contractor's Fee. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services a Fee proportionate to that stated in Paragraph 7.1. 9.1.13 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. -5- 12-20 21 9.1.14 Cost of removal of all debris. 9.1.15 Cost incurred due to an emergency affecting the safety of persons and property. 9.1.16 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. ARTICLE 10 COSTS NOT TO BE REIMBURSED 10.1 The term Cost of the Work shall not include any of the items set forth below in this Article 10. 10.1.1 Salaries or other compensation of the Contractor's officers, executives, general managers, estimators, auditors, accountants, purchasing and contracting agents and other employees at the Contractor's principal office and branch offices, except employees of the Contractor when engaged at shops or on the road in expediting the production or transportation of materials or equipment for the Work. 10.1.2 Expenses of the Contractor's Principal and Branch Offices other than the Field Office. 10.1.3 Any part of the Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 10.1.4 Overhead or general expenses of any kind, except as may be expressly included in Article 9. 10.1.5 Costs due to the negligence of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials and equipment wrongly supplied, or making good any damage to property. -6- 12-21 22 10.1.6 The cost of any item not specifically and expressly included in the items described in Article 9. 10.1.7 Costs in excess of the Guaranteed Maximum Cost, if any, as set forth in Article 6 and adjusted pursuant to Article 8. ARTICLE 11 DISCOUNTS, REBATES AND REFUNDS All cash discounts shall accrue to the Contractor unless the Owner deposits funds with the Contractor with which to make payments, in which case the cash discounts shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. ARTICLE 12 SUBCONTRACTS 12.1 All portions of the Work that the Contractor's organization has not been accustomed to perform shall be performed under subcontracts. The Contractor shall request bids from subcontractors and shall deliver such bids to the Architect. The Architect will then determine, with the advice of the Contractor and subject to the approval of the Owner, which bids will be accepted. 12.2 All Subcontracts shall conform to the requirements of Paragraph 5.3 of the General Conditions. Subcontracts awarded on the basis of the cost of such work plus a fee shall also be subject to the provisions of this Agreement insofar as applicable. -7- 12-22 23 ARTICLE 13 ACCOUNTING RECORDS The Contractor shall check all materials, equipment and labor entering into the Work and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement, and the system shall be satisfactory to the Owner. The Owner shall be afforded access to all the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Contract, and the Con tractor shall preserve all such records for a period of three years after the final payment. ARTICLE 14 APPLICATIONS FOR PAYMENT The Contractor shall, at least ten days before each progress payment falls due, deliver to the Architect a statement, sworn to if required, showing in complete detail all moneys paid out or costs incurred by him on account of the Cost of the Work during the previous month for which he is to be reimbursed under Article 6 and the amount of the Contractor's Fee due as provided in Article 7, together with payrolls for all labor and all receipted bills for which payment has been received. ARTICLE 15 PAYMENTS TO THE CONTRACTOR 15.1 The Architect will review the Contractor's statement of moneys due as provided in Article 14 and will promptly issue a Certificate for Payment to the Owner for such amount as he approves, which Certificate shall be payable on or about the Tenth day of the month. 12-23 -8- 24 15.2 Final payment, constituting the unpaid balance of the Cost of the Work and of the Contractor's Fee, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed and a final Certificate for Payment has been issued by the Architect. Final payment shall be due Thirty days after the date of issuance of the final Certificate for Payment. ARTICLE 16 TERMINATION OF THE CONTRACT 16.1 The Contract may be terminated by the Contractor as provided in Article 14 of the General Conditions. 16.2 If the Owner terminates the Contract as provided in Article 14 of the General Conditions, he shall reimburse the Contractor for any unpaid Cost of the Work due him under Article 6, plus (1) the unpaid balance of the Fee computed upon the Cost of the Work to the date of termination at the rate of the percentage named in Article 7, or (2) if the Contractor's Fee be stated as a fixed sum, such an amount as will increase the payments on account of his Fee to a sum which bears the same ratio to the said fixed sum as the Cost of the Work at the time of termination bears to the adjusted Guaranteed Maximum Cost, if any, otherwise to a reasonable estimated Cost of the Work when completed. The Owner shall also pay to the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of the Contract the Owner shall further assume and become liable for obligations, commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with said Work. The Contractor shall, as a condition of receiving the payments referred to in this Article 16, -9- 12-24 25 execute and deliver all such papers and take all such steps, including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. ARTICLE 17 MISCELLANEOUS PROVISIONS 17.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those conditions. 17.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 1. This Agreement 2. Instruction to Bidders - A.I.A. Document A701. General Conditions for the Contract for Construction - A.I.A. Document A201. 3. DORMITORY 10: Repaint one coat in present color the following: Interior: One coat on all plaster walls except in Mechanical Rooms, Laundries, Storage, Janitor's Closets and Bedroom Closets. One coat present color on all doors and door bucks and all built-in furniture: One coat on Rest Rooms ceilings. DORMITORY 15: Repaint one coat present color as follows: Exterior: All wood, metal and plaster surfaces. Interior: All plaster ceilings and walls except in Mechanical Rooms, Laundries, Storage and Janitor's Closets, except stained and varnished doors and built-in furniture. 12-25 -10- 26 4. The Contractor shall furnish Insurance acceptable to the Owner as follows: a. Compensation and Employerfs Liability Insurance as required by law. b. Comprehensive General Liability Insurance and Com prehensive Automobile Liability Insurance $300,000.00- $500,000.00. Property Damage $100,000.00-$300,000.00. Provide Owner's Protective Liability Insurance naming the Owner and the Architect/Engineer in the same amounts. For purpose of complying with the State of Texas Sales Tax the following is a division between labor and materials: Labor Material Total $41,360.00 IN WITNESS WHEREOF, the parties of these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY By /s/ C. G. Haas By /s/ R. E. McGee Witness Chairman TAYLOR BROTHERS LUFKIN, TEXAS SEAL Address By /s/ A. M. Taylor 12-26 -11- 27 READ AND EXAMINED: /s/ C. G. Haas Secretary Board of Regents, Stephen F. Austin State University APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS /s/ John Reeves Assistant (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest, If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. -12- 12-27 28 72-70 Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents voting aye, it was ordered that the contracts with Honeywell, Inc., of Dallas, for $21,173, and with Engineered Air Balance Co., Inc., of Dallas, for $3,300 for overhauling the air conditioning controls of Dormitory 14 be approved and the Chairman of the Board authorized to sign the contracts as follows: 12-28 29 CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NACOGDOCHES THIS AGREEMENT, made and entered into this 15th day of April, A,D, 1972, by and between the Beard of Regents, Stephen F« Austin State University of the City of Nacogdoches , County of Nacogdoches, and the State of Texas, acting herein through its President, Party of the First Part, termed in the Contract Documents as the OWNER, and Honeywell Inc. of the City of Minneapolis, County of Hennepin, and the State of Minnesota, Party of the Second Part, termed in the Contract Documents as the CONTRACTOR, WITNESSETH: (l) That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Owner, and under the conditions expressed in the Bonds bearing even date herewith, the Contractor hereby agrees with the Owner to commence and complete the construction of certain improvements described as follows: "Renovation of Air Conditioning Control System, Dormitory lVf, as described in the "Description of the Work", and all work in connection therewith, and at his (or their) own proper cost and expense to furnish all the material, supplies, machinery, equipment, tools, superintendence, Labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the prices stated in the Proposal, and in compliance with the Performance Bond and the Payment Bond and the Description of Work hereto attached, all of which are made a part hereof and collectively evidence and constitute the Contract. (2) Contractor agrees to commence work under this Contract within thirty (30) days from the date thereof and to complete said work ready for the use by August 1, 1972. In defaulting thereof, the Contractor shall be liable for liquidated damages of $25 per day. 12-29 30 (3) The Owner agrees to pay the Contractor in current funds for the performance of the Contract in accordance with the Proposal sub- SeSSy S°neiithe ?ff,°f J™?** 0NE TH0USAND, ONE HUNDRED AND afFS Jf ^ ($21'173')' subJect ^ additions and deductions, and to make payments on account thereof as provided. T° i*^ PromPt» faithful, sufficient, and complete n^S^ Y J ?ntraCt °n MS Part > the c°ntr«tor has attached hereto and hereby makes a part hereof, Insurance Policies or £!« 5"Jte! °f Insurailce> a Performance Bond and a Payment Bond to be satisfactory m all respects to the Owner. Said Bonds, in the full amount of the Contract price, are to insure the faithful performance of the Contract under all conditions laid down by it and the Description of the Work covering equipment furnished, labor employed workmanship, material, time of completion and delivery. Said Bonds and Policies shall hold and keep the Owner harmless and rree from all liens, claims, patent infringements, liability, demands, and expenses of every kind and nature for any accident or injury to any person or persons or property, occasioned by or resulting from the prosecution of the work pursuant to the terms of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this Contract in five (5) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BY /s/ C. G. Haas Witness BOARD OF REGENTS GTEPIIEN F. AUSTIN 3TATE UNIVERSITY BY /s/ R. E. McGee Chairman .Honeywell Inc. Contractor 2?01 Fourth Avenue South Minneapolis. Minnesota Address SEAL READ AND EXAMINED r*. R. Koonia . credi Commercial Division 924-7 ager N/mb Board of Regents, Stephen F. Austin State University 12-30 31 CONTRACT THE STATE OF TEXAS COUNTY OF NACOGDOCHES THIS AGREEMENT, made and entered into this 15 day of April, A.D. 1972, by and between the Board of Regents, Stephen F. Austin State University of the City of Nacogdoches, County of Nacogdoches, and State of Texas, acting herein through its President, Party of the First Part, termed in the Contract Documents as the OWNER, and Engineered Air Balance Co., Inc. of the City of Dallas, County of Dallas, and the State of Texas, Party of the Second Part, termed in the Contract Documents as the CONTRACTOR, WITNESSETH: (l) That for in consideration of payments and agreements hereinafter mentioned, to be made and performed by the Owner the Contractor hereby agrees with the Owne? to commence and complete the balancing, testing and adjusting of the air conditioning system in Dormitory Ik described in the "Description of the Work" and all work in connection therewith, and at his Cor their) own proper cost and expense to furnish all the material, supplies, machinery, equipment, tools, superintendence, labor insurance, and^other accessories and services necessary to complete the said work m accordance with the prices stated in the Proposal, and in compliance with the Description of the Work hereto attached Au ust2is C°g*ractor aSrees t° complete said work ready for use by In defaulting thereof, the Contractor shall be liable for liquidated damages of $25 per day. * (3) The Owner agrees to pay the Contractor in current funds for i??+PJrfj^T6 °f thS Contract in accordance with the Proposal sub- S«nn *herefore> the sum of THREE THOUSAND, THREE HUNDRED Dollars 1*3300.) subject to additions and deductions, and to make payments on account thereof as provided. 12-31 32 executed tS SEAL BOARD OP REGENTS F. AUSTIN STATE UNIVERSITY BY /s/ C. G. BY /s/ R. E. McGee Chairman Engineered Air Balance Co., Tnr; Contractor SEAL 13333 North Central Expressvay Dallas„ Texas Address ENGINEERED AIR BALANCE CO,m:.BY READ AND EXAMINED Walter L. Li^ski President Board or Regents, Stephen F. Austin' State'university 12-32 33 DESCRIPTION OF THE WORK Balancing, Testing and Adjusting Air Conditioning System Dormitory 14, Stephen F. Austin State University !vL°fWf:Jhe ^ plWaS t0 renovate the air conditioning control system in Dormitory Ik during the summer of 1972. The dorm will be vacated by May 15,1972 and school will begin again on August 19, 1972. During the summer the dorm will be vacant. The Owner is contracting with Honeywell Inc. to rework the air condi-cionmg controls and to replace all grilles . The contract with Honeywell Inc. will be complete on August 1, 1972. The testing and Balancing Contractor will have complete control of the building from August 1, 1972 through August 15, 1972. Work may begin prior to August 1, 1972 if desired. Services of the Testing and Balancing Contractor; 1. Through investigation and inspection of each multi-zone air conditioning unit (8) and each single zone air conditioning unit (2) to verify proper and/or required operation of all components within the air handling units. 2. Adjust, balance and.test each air conditioning unit to supply the required quantity of air through the actual resistance of filters, coils, duct systems and air distribution units. Also, set all main, branch and mixing dampers to provide systemic balance. Owner will provide new filters. 3. Adjust, set all air balance valves, grids, dampers, diffusers, grilles and registers of these systems to deliver the volume of air to obtain optimum air distribution in the occupied spaces. k. Water flow will be tested and adjusted at each water coil in the various air handling units to insure that.each coil is receiving the volume of water required and of the proper temperature to perform its duty. 5. The operation of the temperature control system shall be surveyed. If the temperature control system requires repair, calibration etc., such data will be submitted in the report to the Owner and Engineer along with the record of temperatures measured. 6. Submit three copies of the report of findings and recommendations to obtain optimum conditions of operation. Report to include data onfans, dampers, air distribution devices and water flow through, coils. Air quantities at each register, water pressure readings at coils, temperatures at coils, and static pressures at units shall be included. Amperage and voltage readings at each motor shall be included. 12-33 34 72-71 Upon motion of Regent Perkins, seconded by Regent Thomas, with all Regents voting aye, it was ordered that Change Order No. 1 for $480 be added to the Henry T. Smith contract on the Renovation of the Swimming Pool Water System. 72-72 Upon motion of Regent Bergman, seconded by Regent Gray, with all Regents voting aye, it was ordered that the University be authorized to add five street lights on East College Street between the LaNana Creek Bridge and University Drive to be purchased through the State Board of Control, at an estimated cost of $3,500 including installation and erection. 72-73 Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents voting aye, it was ordered that the contract with Brenham Roofing and Metal Company of Brenham, Texas, for $15,500 to re-roof the Austin Building be approved and the Chairman of the Board author ized to sign the contract, as follows: 12-34 35 CONTRACT THE STATE OF TEXAS J COUNTY OF NACOGDOCHES I THIS AGREEMENT made and entered into this 15th day of April, 1972, by and between THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, Nacogdoches, Texas, acting herein through its Chairman, and hereinafter called Owner, and Brenham Roofing and Metal Company of Brenham, Texas, hereinafter called Contractor. The Owner and the Contractor, for the considerations hereinafter named, agree as follows: 1. The Contractor agrees to provide all the materials, furnish all the labor, and do all things necessary to complete fully the job of RE-ROOFING THE AUSTIN BUILDING all in accordance with the plans and specifications as prepared by Kent, Marsellos & Scott, Architects-Engineers for Stephen F. Austin State University, as identified with the Architect's Job No. 3319. The said plans and specifications and general conditions are made a part of this Agreement for all intents and purposes provided that if anything in the said conditions of the contract is in conflict with the Agreement, this Agreement shall control and govern. 2. The work called for and included in this Agreement shall be under the direction of the Comptroller, Stephen F. Austin State University, and his determination of the true meaning, and proper construction of the plans and specifications shall be considered as final. 12-35 36 3. The work to be performed under this Agreement shall be completed in a time and manner to be mutually agreed upon by the Owner and Contractor so as to be advantageous to both parties and so as to complete the work in as short a time as possible. 4. The Owner shall pay the Contractor for the performance of the Agreement FIFTEEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($15,500.00) out of funds available to the Owner from Surplus Auxiliary Enterprise Funds, approved by the Board of Regents of Stephen F. Austin State University, Nacogdoches, Texas, acting for and in behalf of said University. Final payment shall be made within thirty (30) days after completion of the work and the Contract fully performed. Before payment is made, the Contractor shall submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid. 5. The Contractor agrees: A. Upon the execution of the Agreement, the Contractor shall execute a performance bond with surety acceptable to the Owner, conditioned that Contractor shall faithfully perform the contract in accordance with the plans, specifications and contract documents, and shall fully indemnify and save harmless the State of Texas from all costs and damage which the State of Texas may suffer by reason of Contractor's default or failure so to do, and shall fully reimburse and repay the State of Texas all outlay and expense which the State of Texas may incur in making good any such default. ~2I2-36 37 B. Upon execution of the agreement the Contractor shall execute payment bond with surety acceptable to the Owner, conditioned that Contractor shall promptly make payment to all claimants as defined by Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts of the 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work provided for in said contract. 6. The Contractor agrees to procure and keep in force insurance with companies acceptable to the Board of Regents conforming to the following schedule and in amounts no less than shown below: A. Workmen's Compensation Insurance as required by the laws of the State of Texas; B. Contractor's Public Liability and Property Damage Insurance in the amount of $100,000.00 for injury to, or death of any one person, and $300,000.00 for any one accident and in the amount of $50,000.00 for property damage. C. Automotive Public Liability and Property Damage Insurance covering all automobiles and motor vehicles used in Con tractor's operations on the campus of the University for whose benefit the contract is made in the amount of $100,000.00 for injury to, or death of, any one person and in the amount of $300,000.00 for injury or death in any one accident and covering property damage in the amount of $50,000.00. D. And to indemnify, protect and hold Owner harmless against all claims, demands, acts of destruction, loss or damage to property, injury to or death of, Contractor's employees, -3- 12-37 38 Owner's employees and any and all persons whomsoever growing out of, or in any way connected with, Contractor's operations upon the campus of the above described university. Before commencement of operation hereunder Contractor shall furnish to the Owner, by delivering to the Secretary of the Board of Regents of Stephen F. Austin State University in Nacogdoches, Texas, photostatic copies of the above mentioned Workmen's Compensation and Public Liability Insurance policies, together with a certificate from the insurance carrier that the insurance shall not be cancelled until ten days written notice of said impending cancellation has been given to Owner. 7. The Contractor shall complete the several portions and the whole of the work called for under this Agreement and shall deliver said improve ments and premises, upon completion, to the Owner, free and clear of all liens and claims for labor furnished or materials used and other indebtedness whatsoever. IN WITNESS WHEREOF, the Owner has caused the execution of these presents by its proper officer, and its seal to be hereunto affixed, and the Contractor has hereunto set his hand the day and year first above written. THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY By /s/ R. E. McGee Chairman ATTEST: By /s/ C. G. Haas Secretary SEAL _4_ 12~38 39 By /s/ John S. Crawford, President Contractor READ AND EXAMINED: /s/ C, G. Haas Secretary Board of Regents, Stephen F. Austin State University APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS /s/ John Reeves — - Assistant (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. 12-39 -5- 40 72-74 Upon motion of Regent Tanner, seconded by Regent Bergman, with all Regents voting aye, it was ordered that the contract to refurbish the exterior stone and masonry of the Fine Arts Building with The Exum Company of Tyler, Texas, for $26,980 be approved and the Chairman of the Board authorized to sign the contract, as follows: 12-40 41 CONTRACT THE STATE OF TEXAS \ COUNTY OF NACOGDOCHES I THIS AGREEMENT made and entered into the 15th day of April, 1972, by and between THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, Nacogdoches, Texas, acting herein through its Chairman, and hereinafter called Owner, and THE EXUM COMPANY of Tyler, Texas -- ---_-. hereinafter called Contractor. lilies S E T H The Owner and the Contractor, for the considerations hereinafter named, agree as follows: 1. The Contractor agrees to provide all the materials, furnish all the labor, and do all things necessary to complete fully the job of EXTERIOR RENOVATION OF THE FINE ARTS BUILDING all in accordance with the plans and specifications describing the scope of the work as the base proposal as prepared by Kent, Marsellos $ Scott, Architects-Engineers for Stephen F. Austin State University. Said specifications also being described as the Architects Job No. 3320. The said plans and specifications and general conditions are made a part of this Agreement for all intents and purposes provided that if anything in the said conditions of the contract is in conflict with the Agreement, this Agreement shall control and govern. 2. The work called for and included in this Agreement is to be done under the direction of the Comptroller, Stephen F. Austin State University, and his determination of the true meaning, and proper con struction of the plans and specifications shall be considered as final. 12-41 42 3. The work to be performed under this Agreement shall be completed in a time and manner to be mutually agreed upon by the Owner and Contractor so as to be advantageous to both parties, with a minimum of interruption to the usefulness and occupancy of the building, and so as to complete the work in the shortest length of time possible. 4. The Owner shall pay the Contractor for the performance of the Agreement TWENTY SIX THOUSAND NINE HUNDRED EIGHTY AND NO/100 - - - ($26,980.00), out of funds available to the Owner from Surplus Auxiliary Enterprise Funds, approved by the Board of Regents of Stephen F. Austin State University, Nacogdoches, Texas, acting for and in behalf of said University. Final payment shall be made within thirty (30) days after completion of the work and the Contract fully performed. Before payment is made, the Contractor shall submit satisfactory evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid. 5. The Contractor agrees: A. Upon the execution of the Agreement, the Contractor shall execute a performance bond with surety acceptable to Owner, conditioned that Contractor shall faithfully perform the contract in accordance with the plans, specifications and contract documents, and shall fully indemnify and save harmless the State of Texas from all costs and damage which the State of Texas may suffer by reason of Contractor's default or failure so to do, and shall fully reimburse and repay the State of Texas all outlay and expense which the State of Texas may incur in making good any such default. 12-42 -2- 43 B. Upon execution of the agreement the Contractor shall execute payment bond with surety acceptable to the Owner, conditioned that Contractor shall promptly make payment to all claimants as defined by Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts of the S6th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work provided for in said contract. 6. The Contractor agrees to procure and keep in force insurance with companies acceptable to the Board of Regents conforming to the following schedule and in amounts no less than shown below: A. Workmen's Compensation Insurance as required by the laws of the State of Texas; B. Contractor's Public Liability and Property Damage Insurance in the amount of $100,000.00 for injury to, or death of any one person, and $300,000.00 for any one accident and in the amount of $50,000.00 for property damage. C. Automotive Public Liability and Property Damage Insurance covering all automobiles and motor vehicles used in Con tractor's operations on the campus of the University for whose benefit the contract is made in the amount of $100,000.00 for injury to, or death of, any one person and in the amount of $300,000.00 for injury or death in any one accident and covering property damage in the amount of $50,000.00. D. And to indemnify, protect and hold Owner harmless against all claims, demands, acts of destruction, loss or damage to property, injury to or death of, Contractor's employees, 12-43 44 Owner's employees and any and all persons whomsoever growing out of, or in any way connected with, Contractor's operations upon the campus of the above described university. Before commencement of operation hereunder Contractor shall furnish to the Owner, by delivering to the Secretary of the Board of Regents of Stephen F. Austin State University in Nacogdoches, Texas, photostatic copies of the above mentioned Workmen's Compensation and Public Liability Insurance policies, together with a certificate from the insurance carrier that the insurance shall not be cancelled until ten days written notice of said impending cancellation has been given to Owner. 7. The Contractor shall complete the several portions and the whole of the work called for under this Agreement and shall deliver said improve ments and premises, upon completion, to the Owner, free and clear of all liens and claims for labor furnished or materials used and other indebtedness whatsoever. IN WITNESS WHEREOF, the Owner has caused the execution of these presents by its proper officer, and its seal to be hereunto affixed, and the Contractor has hereunto set his hand the day and year first above written. THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY By /s/ R. E. McGee Chairman ATTEST: By I si C. G. Haas Secretary SEAL _4_ 12-44 45 By /s/ Arthur Exum Contractor READ AND EXAMINED: /£/ C. G. Haas Secretary Board of Regents, Stephen F. Austin State University APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS Assistant (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest, If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. 12-45 -5- 46 72-75 Upon motion of Regent Tanner, seconded by Regent Gray, with all Regents voting aye, it was ordered that the contract to construct an art department lab building with Pigg Construction Company of Center, Texas, for $152,300 be approved and the Chairman of the Board authorized to sign the contract, as follows: 12-46 CONTRACT THE STATE OF TEXAS Q COUNTY OF NACOGDOCHES J KNOW A"^™ ** ™ESE PRESENTS THIS AGREEMENT, made this the 15 th day of April, 1972, by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY. NACOGDOCHES. TEXAS, acting herein through its President, hereinafter called "Owner" and PIGG CONSTRUCTION COMPANY. CENTER, TEXAS, hereinafter called "Contractor". WITNESSETH, that the Contractor and the Owner for the con siderations hereinafter named agree as follows: 1. The Contractor agrees to provide all of the materials, furnish the labor, and do all things necessary to complete fully all of the work shown on the Drawings and described in the Specifications entitled ART STUDIOS. STEPHEN F. AUSTIN STATE UNIVERSITY. NACOGDOCHES. TEXAS, prepared by Kent, Marsellos & Scott, Architects - Engineers, Lufkin, Texas acting as and in these Contract Documents entitled the Architect; and shall do everything required by this Agreement, the "General Conditions" of this Contract, the Drawings and the Specifications. 2. The "General Conditions" of the Contract, the "Supplementary Conditions", the Drawings and the Specifications, together with this Agreement, 12-47 4'8 form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Specifications and Drawings: Drawings and Specifications entitled "ART STUDIOS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS", sheet and section numbers as listed in Paragraph 1. 1 of "Supplementary Condi tions"; and the following: Addendum No. 1, dated March 24, 1972, Page 1 incl. Addendum No. 2, dated April 3, 1972, Pages 1-2 incl. Addendum No. 3, dated April 5, 1972, Page 1 incl. Addendum No. 4, dated April 6, 1972, Page 1 incl. Copies of which are attached hereto, are a part of this contract. 1. This Contract is to cover the General Contract Work, Plumbing, Heating and Air Conditioning and Electric Work, complete. The said Drawings, and each and all said Specifications and "General Conditions" are made a part of this Agreement for all intents and purposes; provided that if anything in the said "General Conditions11 of the Contract is in conflict with this Agreement, this Agreement shall control and govern. -2- 12-48 4-9 2. The work called for and included in this Agreement is to be done under the direction of the Architect above named and his determination of the true meaning and proper construction of the Specifications shall be considered as final. 3. The work to be performed under this Contract shall be commenced on or before a date to be specified in a written "Work OrderMf and shall be fully completed within 90 consecutive calendar days thereafter. The Contractor further agrees to pay as liquidated damages the sum of $100.00 per day for each consecutive calendar day thereafter the work remains unfinished as specified in Paragraph 1. 51 of "Supplementary Conditions" and in Proposal. 4. The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided herein, ONE HUNDRED FIFTY TWO THOUSAND THREE HUNDRED DOLLARS ($152,300.00) out of Plant Fund Surpluses available to the Owner for expenditure for the use and benefit of Stephen F. Austin State University. The basis of the above contract price is as follows: Base Bid - $152,300.00 -3- 12-49 50 The Owner shall make payments on account of the Contract as provided therein as follows: On or about the fifteenth of each month ninety percent (90%) of the value, based on the Contract Price of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the first day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to ninety percent (90%) of the Contract Price provided satisfactory evidence is furnished that all payrolls, material bills and other indebtedness connected with the work have been paid. The Owner at any time after 50% of the work has been completed, if it finds that satis factory progress is being made, may make any of the remaining progress payments in full. Final payment shall be due thirty days after substantial completion of the work provided the work be then fully completed and the Contract fully performed. Upon receipt of written notice that the work is ready for final inspection and accept ance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a Final Certificate, over his own signature, stating that the work provided for in this Contract -4- 12-50 SI has been completed and is acceptable to him under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in the Final Certificate is due and payable. Before issuance of Final Certificate the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills and other indebtedness connected with the work have been paid. S. The Contractor shall pay premium for and furnish Performance Bond and Payment Bond in amount of 100% of Contract Price; on form to be furnished by Architect, with sureties acceptable to the Owner, conditioned: 1* That Contractor shall faithfully perform his Contract and fully indemnify and save Owner harmless from all costs and damages which may be suffered by reason of failure to do so, and fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any default. 2. That Contractor shall pay all persons who have con tracts directly with Contractor for labor and materials save which persons shall have a direct action against Contractor and the surety on his bond, subject to Owner's priority. -5- . 12-51 52 Surety Companies shall be on approved list of U# S. Treasury Department of "Companies holding Certificates of Authority from the Secretary of the Treasury under the Act of Congress Approved July 30f 1957f as Acceptable Sureties on Federal Bonds11 and within the Underwriting Limitations listed therein for any single risk. Bond shall comply with requirements of all state laws; including those of Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959* effective April 27, 1959. 6. The Contractor shall effect, pay for and maintain during the life of this Contract insurance acceptable to the Owner, conforming to the following schedule: a) Compensation and Employer's Liability Insurance: As required by the laws of the State of Texas; Employer's Liability Insurance, $100,000+00, b) Comprehensive General Liability Insurance and Auto mobile Liability Insurance: In an amount not less than $300, 000. 00 for injuries, including accidental death -6- 12-52 53 to any one person, and subject to the same limit for each person; and in an amount not less than $500, 000, 00 on account of one occurrence; Property Damage Insurance in an amount not less than $100, 000. 00 each occurrence; $300, 000# 00 aggregate. c) Include Broad Form Property Damage Insurance. Remove "XCU11 Exclusions ^Explosion, collapse, underground property damage). Include damage to underground wiring, conduits, piping. d) Contractual Liability Insurance: As applicable to the Contractor's obligations under Paragraph 4. 18 of "General Conditions11. The Contractor shall obtain at his expense Owner's Protective Liability Insurance Policy naming the Owner and the Architect/Engineer as insured with the following limits: 1. Bodily Injury $300, 000. 00 (each person) $500,000.00 (each occurrence) 2. Property Damage $100,000.00 (each occurrence) $300, 000. 00 (aggregate) e) Completed Operations: Continue coverage in force for one year after completion of work. 12-53 -7- f) Before commencement of operations hereunder, Contractor shall furnish to the Architect, photostatic copies of the above mentioned insurance policies, together with a certificate from the insurance carrier that the insurance will not be cancelled or permitted to lapse until fifteen (15) days written notice of said impending cancellation has been given to the Owner. 7. Builder's Risk Insurance; The Contractor shall provide Builder's Risk Insurance as specified in Paragraph 1. 6 of Specifications on a 100% completed value basis in the names of the Contractor, Owner and Architect, as their interests appear. The Owner will purchase and maintain such Steam Boiler Insurance as may be required by the Contract Documents or by law. -8- 12-54 5*5 8* The Contractor shall complete the several portions and the whole of the work called for under this Agreement and shall deliver said improvements and premises, upon completion to the Owner, free and clear of all liens and claims for labor furnished or materials used and other indebtedness whatsoever. 9. For purposes of complying with the State of Texas Sales Tax* the following is a division between labor and materials: Labor $ 30,000. 00 Materials 122,300.00 Total $ 152,300.00 12-55 56 IN WITNESS WHEREOF, the parties of these presents have ex ecuted this Contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY By SEAL ritness READ AND PIGG CONSTRUCTION COMPANY CENTER, TEXAS Franklifx Pigg, Board of Regents, Stephen F. Austin State University APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS Assistant (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. 12-56 '57 ADDENDUM NO, 1 Alt T S T U D.TOS STEPHEN F. AUSTIN'STATE UNIVERSITY NACOGDOCHES, TEXAS KENT, MARSELL.OS AND SCOTT ARCHITECTS-ENGINEERS 404 PERRY BUILDING LUFKIN, TEXAS 75901 MARCH 24, 1972 DIVISION 13 - METAL BUILDING: 1. Roof system shall comply with requirements of U. L. Class 90. Metal building monufacturer shall furnish certificate that roof system has been tested by Underwriters1 Laboratories, Inc. and meets all requirements for wind uplift - Class 90. The installed roof system shall conform to all re quirements of U. L. Class 90. 2, Instead of fasteners specified for roof and wail cover ing. Use TEK-3 12 - !4 x 1-15/16" with 5/8" O.D. Twin seal washer manufactured by Buildex Corporation 5731 Caladium Drive, Dallas, Texas 75230 for wail panels with 1M rigid insulation. For roof panels, use TEK fasteners of proper size suggested by manu facturer for use with metal covering and 411 blanket type insulation. Exact length of fasteners for roof and wall covering to suit building panels and insulation used. ee 12-57 ADDENDUM NC. 2 58 A II 'I1 :■> 1/ l.i fj JO STEPHEN F. AUSTIN S rATK UNIVERSITY NACOGDOCll.ES, TEXAS KENT, MAUSKLLOS AND SCOTT ARCHITECTS-ENGINEERS 404 PERRY UUILDJNG LUFKIN, TEXAS 75901 APRIL 3, I97Z DIVISION 6 - "0610 - Roufth Carpentry11: DIVISION 13 - METAL BUILDING: 1.^ At west wall of Graphic Arts 101, install 211 x 20 ga. gaiv. wire mesh on exterior side of ln styrofoam to serve as backing. Use mesh only where exterior siding does not provide backing for styrofoam. 2. At Sections 501 and 502, use a continuous 16 ga. channel at the ends of the catilcvcrcd purlins to serve as bracing for the purlins. Connect continuous brace at ridge splice with a splice plate connecting the webs. Bracing channel same depth as purlins. 3« Purlins shown cantilevered at Sections 501 and 502 shall be of proper size and spacing to safely support suspended framing and fascia at gable. At connection of 2 x 4 framing to purlins, use 2 - 2 x 4fs vertical instead of 2 - 2 x 4Js flat as detailed. DIVISION 1610 - ELECTRICAL: 1. Add new Item 30 as follows: "CLOCK AND BELL: (a) The University Campus now has a Simplex Central Time and Signal Control System. (b) The clock system for this building shall be synchronously wired. The bell system shall be wired. (c) The Electrical Contractor .shall be responsible for contacting Simplex Ti*no Recorder Company, Dallas, Texas to determine the necessary components and wiring necessary to connect the clock and bell and warning light system and include all cost of same ia his bid proposal. ce (over) 12-58 ee Addendum No. 2 . Art Studios - ,SFA (d) The Contractor shall at the time of pull cord in stallation in the tcl(»phonr nervier rotxluit install a twistorl pair of //16 conductor:;, pl;»si.ic in/;ul.v t«:d ;mhI pi a .n tic: jacketed from Art Studio telephone board to ROTC Building telephone board. (c) Clock shall be wall mounted, double dial, 12n round with black gothic design nunirralrj on off-white dail, synchronous wired with automatic individual ^supervision. (f) Bell shall be 4M combined with flashing red light for visual warning. (g) All clock, bell and flashing light installation shall be under the supervision of Simplex Time Recorder Company. lf 12-59 ADDENDUM NO. 3 60 ART STUDIOS STEPHEN F. AUSTIN STALK UNIVERSITY NA COG DOCJ iKS, TKXAli KENT, MARSLLLGo AND SCOTT ARCHITECTS-ENGINEERS 404 PERRY BUILDING LUFKIN, TEXAS 75901 APRIL 5, 1972 DIVISION 13 - METAL BUILDING: 1. The continuous anticapiilary groove as specified under'Roof and Wall Covering)1 Page 7, Paragraph nCn is a mandatory requirement for all roof and wall panels. 2. Roof system shall comply with requirements of U. L. Class 90. Installed roof system shall conform to all requirements of U. L. Class 90, except that U. L. Certificate will not be required. Guarantee for five (5) years that roof and walls will not leiak. Repair damaged surfaces from leaks without cost to the Owner. ee 12-60 61 ADDENDUM NO. 4 A R T S T U L) I O S STEPHEN F. AUSTIN STATE UNIVERSITY NACOCDOCKES, ThXAS KENT, MAKSKLLOS AND SCOTT ARCHITECTS-ENGINEERS 404 PERRY BUILDING LUFKIN, TEXAS 75901 APRIL 6, 1972 On all Exterior Doors #1 and #2 install the folLovving weather stripping: Sill - Zero # 39A Sweep Head & Jambs - Zero 328 extruded aluminum, slotted for adjustment Install with stainless steel screws at 12fl o. c. DIVISION 13 - METAL BUILDING: Trim and Closures: D. Rubber Closures - Locate closure so that roof and wall covering fasteners pass through the center of closures to prevent dislodging of closure material. MECHANICAL DRAWINGS: SHEET ME-1 -- (1) Change new cold water supply from 3" to 6M between existing 6M line and main valve box. Valve to be 611. Install 6" tee and 6M valve in new valve box 5!-Q" back of east curb of street. (2) Change new gas line from 2" to 4" outside of building. Install 411 tee and cap 51 -0M back of east curb of street. SHEET M-2 ~- (1) Move valve on cold water supply from Room 104 to Room 112. Locate valve adjacent to wall of Room 104. (2) Install new valve in cold water supply to Room 103. Valve to be installed in Corridor 102. ee 12-61 62 72-76 Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents voting aye, it was ordered that the Change Orders Nos. 1 through 3 to increase the contract with Loggins Construction Company (new stadium) for a total value of $22,173 be approved and the Chairman of the Board authorized to sign the change orders. 72-77 Upon motion of Regent Gray, seconded by Regent Perkins, with all Regents voting aye, it was ordered that Change Order No. 1 to add $7,882 to the Allen M. Campbell Company contract for the construc tion of the Library be approved and the Chairman of the Board authorized to sign the change order. 72-78 Upon motion of Regent Maness, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the bid of 3.559% by the First National Bank of Fort Worth for the Universities of the State of Texas State ad valorem Tax Bonds, series of 1972--Stephen F. Austin State University--$3,485,000 be accepted, as follows: CERTIFICATE FOR RESOLUTION AUTHORIZING THE ISSUANCE OF THE UNIVERSITIES OF THE STATE OF TEXAS STATE AD VALOREM TAX BONDS, SERIES 1972 - STEPHEN F. AUSTIN STATE UNIVERSITY - $3,485,000.00. THE STATE OF TEXAS : COUNTY OF NACOGDOCHES : STEPHEN F. AUSTIN STATE UNIVERSITY : We, the undersigned officers of the Board of Regents of Stephen F. Austin State University, hereby certify as follows: 1. That the Board of Regents of said University convened in REGULAR MEETING ON THE 15TH DAY OF APRIL, 1972, at the regular designated meeting place, and the roll was called of the duly con stituted officers and members of said Board of Regents, to-wit: R. E. McGee, Chairman Douglas Bergman Joe Bob Golden, Vice Chairman Roy Maness James I. Perkins Sam Tanner Lera Thomas Walter C. Todd Robert C. Gray Charles G. Haas, Secretary and all of said persons were present, except the following absentees: (None) , thus consituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING THE ISSUANCE OF THE UNIVERSITIES OF THE STATE OF TEXAS STATE AD VALOREM TAX BONDS, SERIES 1972 - STEPHEN F. AUSTIN STATE UNIVERSITY - $3,485,000.00, was duly introduced for the consideration 12-62 63 of said Board of Regents and read in full. It was then duly moved and seconded that said Resolution be passed, and, after due discussion, said motion, carrying with it the passage of said Resolution, pre vailed and carried by the following vote, to-wit: AYES: All members of said Board of Regents shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board of Regents minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Board of Regents minutes of said meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Board of Regents as indicated therein; that each of the officers and members of said Board of Regents was duly and sufficiently notified, officially and personally, in advance, of the time, place, and purpose of the afore said meeting, and that said Resolution would be introduced and con sidered for passage at said meeting; and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public as required by law and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St., Article 6252-17. 3. That the Chairman of the Board of Regents has approved, and hereby approves, the aforesaid Resolution; that the Chairman and Secretary of said Board of Regents have duly signed said Resolution; and that the Chairman and Secretary of said Board of Regents hereby declare that their signing of this Certificate shall constitute their signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED this the 15 day of April, 1972. /s/ C. G. Haas /s/ R. E. McGee Secretary, Board of Regents, Chairman, Board of Regents, Stephen F. Austin State Stephen F. Austin State University. University. (SEAL) 12-63 64 RESOLUTION BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY AUTHORIZING THE ISSUANCE OF ITS UNIVERSITIES OF THE STATE OF TEXAS STATE AD VALOREM TAX BONDS, SERIES 1972, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,485,000, BEARING INTEREST AS HEREINAFTER SET FORTH AND MATURING AS HEREINAFTER PRESCRIBED, TO PROVIDE FUNDS FOR THE PURPOSE OF REFUNDING PART OF ITS COLLEGES OF THE STATE OF TEXAS CONSTITUTIONAL TAX BONDS, SERIES 1966, SERIES 1967-A AND SERIES 1968 AND FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND INITIALLY EQUIPPING BUILDINGS AND OTHER PERMANENT IMPROVEMENTS AT STEPHEN F. AUSTIN STATE UNIVERSITY, PRESCRIBING THE FORM OF THE BONDS, PLEDGING TO THE PAYMENT OF THE INTEREST AND PRINCIPAL THEREOF THAT PART OF THE MONEY ALLOCATED TO SUCH INSTITUTION FROM THE CONTINUING TAX LEVIED BY THE CONSTITUTION UNDER ARTICLE VII, SECTION 17, AS AMENDED, PROVIDING FOR THE EXECUTION AND DELIVERY OF SAID BONDS AND PRESCRIBING THE DUTIES OF THE OFFICERS OF SAID BOARD AND OF THE STATE IN REFERENCE THERETO, AND MAKING CERTAIN COVENANTS WITH RESPECT TO SECURING PAYMENT OF SAID BONDS AND INTEREST. WHEREAS, by adoption at the general election held in the State of Texas on November 2, 1965, Section 17 of Article VII of the Constitution of Texas was amended as a whole (hereinafter sometimes called the Constitutional Provision11); and WHEREAS, the Constitutional Provision is self-enacting and has continued an ad valorem tax on all of the taxable property in the State of Texas at an increased rate of Ten (10<< the $100.00 valuation, and authorizes the proceeds of the tax to be pledged to pay the principal of and interest on the bonds issued pursuant thereto; and WHEREAS, such tax levy became effective as of January 1, 1966, and will remain effective for taxes which have and will become due and payable in each year for a twelve year period beginning January 1, 1966, and for each successive ten year period thereafter; and 12-64 • 65 WHEREAS, the Constitutional Provision provides for an allocation of proceeds of such tax for the twelve year period commencing January 1, 1966, among the seventeen designated state supported institutions of higher learning (hereinafter sometimes called MEligible Institutions") and has authorized the governing board of each of the Eligible Institutions to pledge any part of the fund allocated to it to pay the principal of and interest on bonds; and WHEREAS, the Constitutional Provision requires the Comptroller of Public Accounts of the State of Texas to make the allocation of the funds to the Eligible Institutions to be raised by such tax for the twelve year period beginning January 1, 1966, 85% of such funds to be allocated on June 1, 1966; and 15% to be allocated on June 1, 1972; and WHEREAS, the Constitutional Provision requires that the Comptroller of Public Accounts of the State of Texas make the June 1, 1966 allocation (85%) based on the following determinations: M(l) Ninety per cent (90%) of the funds allocated on June 1, 1966, shall be allocated to state institutions based on projected enrollment increases published by the Coordinating Board, Texas College and University System for fall 1966 to fall 1978; ff(2) Ten per cent (10%) of the funds allocated on June 1, 1966, shall be allocated to certain of the eligible state institutions based on the number of additional square feet needed in education and general facilities by such eligible state institution to meet the average square feet per full time equivalent student of all state senior institutions (currently numbering twenty-two);" and WHEREAS, such determinations have been made by the Coordinating Board; and WHEREAS, the Comptroller has made the June 1, 1966 allocation as required by the Constitutional Provision; and WHEREAS, of the total funds thus allocated on June 1, 1966, for the twelve year period, Stephen F. Austin State University (herein defined and referred to as the "University11) is to receive 4.48300%; and WHEREAS, the assessed valuation of property in the State of Texas (less homestead exemptions) subject to such levy in accordance with the approved tax rolls, together with the Comptroller's official estimates of valuations for each year of the twelve year period, and 12-65 66 the figures representing the June 1, 1966 allocation among the Eligible Institutions afford a basis for estimating the amount of money to be received by the University under such tax levy for each of the years of the said twelve year period; and WHEREAS, the Board of Regents of the State Senior Colleges authorized the issuance and sold its Colleges of the State of Texas Constitutional Tax Bonds - State Senior Colleges (for and on behalf of Stephen F. Austin State University), Series 1966, Series 1967-A and Series 1968, of which there will remain outstanding and unpaid, after September 1, 1972 the aggregate principal amount of $2,535,000; and WHEREAS, all of such outstanding bonds are callable for redemption on September 1, 1972; and WHEREAS, concurrently herewith this Board has called such bonds for redemption in accordance with their terms and the law applicable thereto, Article 717k, V.A.C.S., and has provided for the payment of principal of such bonds called, the premium thereon and the interest to date of redemption; and WHEREAS, of the outstanding bonds being called for redemption, $1,715,000 in principal amount of such bonds will be refunded; and WHEREAS, it has been and is hereby determined to be to the best interest of the University that the bonds herein authorized payable from its allocated fund be issued at this time and that action necessary for the issuance thereof be taken by this Board; BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY: 1- The Bonds. That in order to provide funds for the purpose of refunding Colleges of the State of Texas Constitutional Tax Bonds - State Senior Colleges (issued for and on behalf of Stephen F. Austin State University), in the principal amount of $1,715,000, and for the purpose of acquiring, constructing and initially equipping buildings and other permanent improvements at Stephen F. Austin State University, bonds are hereby authorized to be issued known as "Universities of the State of Texas State Ad Valorem Tax Bonds, Series 1972 - Stephen F. Austin State University" in the aggregate principal amount of Three Million Four Hundred Eighty Five Thousand Dollars ($3,485,000), in the denomination of Five Thousand Dollars ($5,000) each, and numbered from One (1) through Six Hundred Ninety Seven (697) (hereinafter referred to as the "Bonds"). 2. Bonds of Issue on Parity. That no one of said Bonds shall be entitled to priority over any other Bond of this issue in the application of the money in the allocated fund which has been pledged 12-66 67 to the payment of the principal of and interest on the Bonds, irrespective of the fact that some of the Bonds may be delivered prior to the delivery of other Bonds, it being the intent of this resolution that all Bonds of this issue shall rank equally. 3* Date of Bonds; Maturity Schedule. That the Bonds shall be dated May 1, 1972, and shall become due and payable on September 1 in each of the years and in the amounts as follows: AMOUNTS $445,000 495,000 545,000 AMOUNTS $605,000 665,000 730,000 Interest Rates. That the Bonds shall bear interest at the following rates: all bonds scheduled to mature during the year 1973 through --- all bonds scheduled to mature during the year 1974 through --- all bonds scheduled to mature during the year 1975 through --- all bonds scheduled to mature during the year 1976 through — all bonds scheduled to mature during the year 1977 through --- all bonds scheduled to mature during the year 1978 through --- 4.00% per annum; 3.20% per annum; 3.20% per annum; 3.40% per annum; 3.60% per annum; 3.30% per annum; with said interest to be evidenced by interest coupons payable on March 1, 1973 and semi-annually thereafter on each September 1 and March 1. 5. Banks of Payment. That the principal of and the interest on the Bonds shall be payable, without exchange or collection charges to the owner or holder thereof, at First National Bank in Dallas, Dallas, Texas (hereinafter called the "Principal Bank of Payment"), or, at the option of the holder, at Manufactures Hanover Trust Company, New York, New York (herein collectively called "Banks of Payment"), in lawful money of the United States of America upon surrender of proper Bond or coupon. 6. Execution of Bonds and Coupons. That each of said Bonds and interest coupons shall be signed by the imprinted or lithographed facsimile signature of the Presiding Officer and countersigned by the 12-67 68 imprinted or lithographed facsimile signature of the Secretary of the Board, and the official seal of said Board shall be impressed, printed or lithographed on each of said Bonds. 7. Negotiability. That nothing contained in the Bonds or in this resolution shall affect or impair the negotiability of the Bonds or the coupons thereto appertaining, and said Bonds and coupons shall constitute negotiable instruments within the meaning of the Negotiable Instruments Acts of the State of Texas. 8. Form of Bonds. That the form of the Bonds shall be substantially as follows: N0- $5,000 UNITED STATES OF AMERICA STATE OF TEXAS UNIVERSITIES OF THE STATE OF TEXAS STATE AD VALOREM TAX BOND SERIES 1972 STEPHEN F. AUSTIN STATE UNIVERSITY For value received the Board of Regents of Stephen F. Austin State University, an agency of the State of Texas, and as authorized by the Constitution of the State of Texas, hereby acknowledges itself indebted to and promises to pay out of the proceeds of the ad valorem tax herein described to the bearer, on the 1st day of September, 19 , the sum of FIVE THOUSAND DOLLARS with interest thereon from the date hereof at the rate of ( %) per cent per annum, until the principal amount of this bond shall have" been paid, payable March 1, 1973, and semi-annually thereafter on September 1 and March 1 of each year. Both principal and interest shall be payable in lawful money of the United States of America upon presentation and surrender of proper bond or coupon at First National Bank in Dallas, Dallas, Texas, or, at the option of the holder at Manufacturers Hanover Trust Company, New York, New York, without exchange or collection charges to the owner or the holder thereof. This bond is one of a series of bonds (hereinafter sometimes called the "Bonds") of like tenor and effect except as to number, maturity and interest rate, numbered from One (1) through Six Hundred Ninety Seven (697), aggregating Three Million Four Hundred Eighty Five Thousand Dollars ($3,485,000), issued for the purpose of refunding Colleges of the State of Texas Constitutional Tax Bonds - State Senior Colleges (issued for and on behalf of Stephen F. Austin State University) in the principal amount of $1,715,000 and for the purpose of acquiring, constructing and initially equipping buildings and other permanent 12-68 69 improvements at Stephen F. Austin State University, Nacogdoches, Texas, in accordance with the provisions of Section 17, of Article VII, as amended, of the Constitution of Texas, and pursuant to the resolution authorizing the issuance of the series of Bonds of which this is one, adopted by the Board of Regents of Stephen F. Austin State University, duly of record in the minutes of said Board (herein called the MResolutionff) The date of this Bond in conformity with the Resolution is May 1, 1972. The bonds of which this is one are secured by a pledge of that part allocated to Stephen F. Austin State University of the proceeds of a continuing tax on all of the taxable property in the State levied by Section 17 of Article VII of the Constitution, as amended on November 2, 1965, accumulated and held in the State Treasury to be used solely to pay the principal of and interest on the Bonds, and additional parity bonds herein mentioned. The levy of such tax supporting the Bonds and the pledge thereof will remain effective so long as any of the Bonds is outstanding and unpaid. The Board reserves the right to issue additional parity bonds under the terms and conditions stated in the Resolution authorizing this Bond and the series of which it is a part, and said Bonds may be made payable from the same source, secured in the same manner and placed on a parity with this Bond and the series of which it is a part. Each successive holder of this Bond, and each successive holder of each of the coupons hereto attached, is conclusively presumed to forego and renounce his equities in favor of subsequent holders for value without notice, and to agree that this Bond and each of the coupons hereto attached, may be negotiated by delivery by any person having possession thereof, howsoever such possession may have been acquired, and that any holder who shall have taken this Bond or any of the coupons from any person for value without notice, thereby has acquired absolute title thereto, free from any defenses enforceable against any prior holder and free from all equities and claims of ownership of any such prior holder. The Board and the Banks of Payment shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required to be done precedent to and in the issuance of this Bond and the series of which it is a part have been properly done, have happened and been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the proceedings hereinabove mentioned, and that this issue of Bonds does not exceed any constitutional or statutory limitations and that provision has been made for the payment of the principal of and interest on this Bond and the series of which it is a part by irrevocably pledging the allocated proceeds of the continuing ad valorem tax hereinabove mentioned. 12-69 70 IN WITNESS WHEREOF, the Board of Regents of Stephen F. Austin State University has caused the official seal of said Board to be impressed, printed or lithographed hereon and has caused this Bond and the interest coupons attached hereto to be executed by the imprinted facsimile signature of the Chairman of the Board and the Secretary of the Board. BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY By Chairman ATTEST: Secretary 9. Form of Coupon. That the form of coupon for the Bonds shall be substantially as follows: NO. $ 011 the day of , 19 , the Board of Regents of Stephen F. Austin State University promises to pay to bearer without exchange or collection charges to the owner or holder hereof, out of the allocated proceeds of the ad valorem tax described in the Bond to which this coupon is attached the sum of ($ ) Dollars in lawful money of the United States of America at First National Bank in Dallas, Dallas, Texas, or, at the option of the holder at Manufacturers Hanover Trust Company, New York, New York, being the interest then due on its Universities of the State of Texas State Ad Valorem Tax Bonds, Series 1972 - Stephen F. Austin State University, dated May 1, 1972. NO. Secretary Chairman 10- Comptroller's Certificate. That the form of Comptroller's Certificate which shall be printed on the back of each of the Bonds shall be substantially as follows: OFFICE OF COMPTROLLER : REGISTER NO. STATE OF TEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him as required by Section 17 of Article VII of the Constitution, as amended, and that 12-70 71 he finds that it has been issued in conformity with the Constitution and laws of the State of Texas and that it is a valid and binding obligation payable from the proceeds of the State ad valorem tax pledged to its payment by and in the Resolution of said Board of Regents of Stephen F. Austin State University, an educational in stitution belonging to the State of Texas duly constituted under authority of law authorizing same and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas. Comptroller of Public Accounts of the State of Texas (SEAL) 11. Definitions. That throughout this Resolution, in the bond form prescribed herein and in the Bonds authorized hereby, the following terms and expressions as used herein shall have the meanings set forth, to-wit: The term Additional BondsM shall refer to the additional parity bonds that are permitted to be issued by Section 12; The term "Board" shall refer to the Board of Regents of Stephen F. Austin State University; The term "Bonds" shall refer to the bonds authorized to be issued under the provisions of this resolution; The term "Comptroller" shall refer to the Comptroller of Public Accounts of the State of Texas; The term "Constitutional Provision" shall mean Article VII, Section 17 of the Constitution of Texas as amended November 2, 1965; The term "Eligible Institutions" shall mean the seventeen state supported institutions of higher learning designated as those institutions to receive allocated proceeds from the tax levied by the Constitutional Provision; The term "Interest and Sinking Fund" shall mean the fund established for the University in the State Treasury pursuant to the terms of the resolution authorizing the issuance of the Series 1966 Bonds, and further described in Section 13 hereof; The term "Presiding Officer" shall mean the officer designated by law to preside over the Board; The term "Resolution" shall mean this resolution authorizing the Bonds; 12-71 72 The term "Series 1966 Bonds'1 shall refer to Colleges of the State of Texas Constitutional Tax Bonds, Series 1966 - State Senior Colleges (issued for and on behalf of Stephen F. Austin State University); The term "University" shall refer to Stephen F. Austin State University. 12. Findings, Pledge of Payment, Additional Bonds, That official recognition is hereby given to these facts: (a) That Section 17 of Article VII of the Constitution, as amended in 1965 (the "Constitutional Provision") has levied a continuing ad valorem tax on all taxable property in the State of Texas, at the rate of Ten (10*) Cents on the One Hundred Dollars ($100.00) of valuation; (b) That such tax has been effective since January 1, 1966 and will remain effective so long as any of the Bonds is outstanding and unpaid; (c) That as and when the proceeds from such tax levy are received by the Comptroller the net amounts realized therefrom (in cluding the portion thereof allocated to the University) are deposited in the State Treasury to be held for the purposes set forth in the Constitutional Provision; (d) That the Comptroller on June 1, 1966 allocated among the Eligible Institutions 85% of the said tax to be received for the twelve year period beginning January 1, 1966; and will on June 1, 1972 allocate among the Eligible Institutions the remaining 15% of the said tax for the said twelve year period, all in accordance with the Con stitutional Provision. (e) That it is the duty of the Comptroller to draw all necessary and proper warrants upon the State Treasury to effectuate the pledge of such money made in this Resolution and to facilitate payment of the Bonds, the Additional Bonds and the interest thereon; and (f) That while such tax will remain effective so long as any of the Bonds or the Additional Bonds is outstanding and unpaid, the Board must arrange the installment maturities of the Bonds and the Additional Bonds and make its pledge of the taxes allocated to the Institution so that the Bonds and Additional Bonds will be actually retired out of taxes collected from assessments made during the twelve year period beginning January 1, 1966. Accordingly, the Board irrevocably pledges to the payment of the principal of and interest on the Bonds the following: (1) All of the money now in the State Treasury to the credit of the University, realized from the collection of the continuing tax levied by the Constitutional Provision and not required to pay the 12-72 73 principal of and the interest on the outstanding bonds payable therefrom, together with the premium payable thereon, being called for redemption on September 1, 1972; C2) All of the proceeds from such continuing tax to which it is entitled levied for each of the years 1966 to 1977, both inclusive, and allocated June 1, 1966 by the Comptroller, which tax according to law becomes due on October 1 of each of said years; (3) In the event that any of the Bonds or any interest thereon remains outstanding and unpaid on the date the last of the Bonds is scheduled to mature, and in the event the Interest and Sinking Fund, created by Section 12 hereof shall then contain insufficient money to pay all of such principal and interest and the expense incidental to the making of such payments, to the extent of such deficiency, the proceeds from such continuing tax to which the University may be entitled under the allocation made by the Comptroller on June 1, 1966 or additional allocations or reallocation arrangements then in effect are pledged and such pledge shall remain effective until the Bonds shall have been paid in full with interest thereon; but when full provision shall have been made for the final payment of the Bonds by depositing money sufficient for the purpose in the Interest and Sinking Fund, the obligation under this sub-section (2) will have been fully satisfied and the pledge will have been released; and (4) The money pledged to the payment of the Bonds and to defray the expense incident to such payments so long as any of such bonds or interest thereon is outstanding and unpaid. After full provision shall have been made by accumulating in the Interest and Sinking Fund sufficient money to pay all of such Bonds and interest calculated thereon to maturity, the Board reserves the right to use money in excess thereof for such purposes as may be permitted under the Constitutional Provision. Provided, however, the Board reserves and shall have the right and power to issue pursuant to the Constitutional Provision additional parity bonds in one or more series, (herein defined as ''Additional Bonds11) which Additional Bonds, when issued, shall be secured by and payable from the Ten (10